Ahmed v Kennedy & Ors [2002] EWHC 2060 (QB) (11 October 2002)

Ahmed v Kennedy & Ors [2002] EWHC 2060 (QB) (11 October 2002)

Failure to serve notice of the amount and nature of security within the prescribed time under section 136(3) of the Representation of the People Act 1983 is a mandatory requirement; non-compliance renders the petition a nullity and cannot be waived by the court.

Citation
[2002] EWHC 2060 (QB)
Parties
Petitioner: Naim Ahmed; First Respondent: Anthony Paul Kennedy; Second Respondent: Stewart Dobson
Jurisdiction
England and Wales
Judgment Date
11 October 2002
Procedural Posture
Election Petition / Application to Strike Out Petition
Outcome
petition struck out
Legal Topics
Mandatory Procedural Requirements, Service of Documents, Security for Costs, Nullity of Proceedings
Election Law Civil Procedure Mandatory Procedural Requirements Service of Documents Security for Costs Nullity of Proceedings

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Parties

Naim Ahmed

Petitioner

Anthony Paul Kennedy

First Respondent

Stewart Dobson

Second Respondent

Procedural Posture

Election Petition / Application to Strike Out Petition

Legal Issues

  1. 1 Whether failure to serve notice of the amount and nature of security within prescribed time renders the petition a nullity
  2. 2 Whether procedural defects can be waived under Civil Procedure Rules
  3. 3 Interpretation of mandatory requirements under Representation of the People Act 1983

Ratio Decidendi

Failure to serve notice of the amount and nature of security within the prescribed time under section 136(3) of the Representation of the People Act 1983 is a mandatory requirement; non-compliance renders the petition a nullity and cannot be waived by the court.

Court Disposition

petition struck out

Orders

  • Petitions in both cases struck out for failure to comply with mandatory requirements of section 136(3) of the Representation of the People Act 1983.