Gough v Local Sunday Newspapers (North) Ltd. & Anor

Gough v Local Sunday Newspapers (North) Ltd. & Anor

The finding of gross incompetence against the appellant was not justified because his actions in making a rule 47 application were legally permissible and reasonable in the circumstances. Rule 47 permits such an application prior to an election petition, and the returning officer may be the applicant. The criticisms of the appellant's conduct did not amount to the very great incompetence alleged.

Parties
Appellant: Michael Gough; Respondents: Local Sunday Newspapers (North) Ltd & Another
Jurisdiction
England and Wales
Judgment Date
12 March 2003
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Justification in Defamation, Competence of Legal Professionals, Election Petition Procedure, Inspection of Ballot Papers
Defamation Election Law Justification in Defamation Competence of Legal Professionals Election Petition Procedure Inspection of Ballot Papers

Case Brief

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Parties

Michael Gough

Appellant

Local Sunday Newspapers (North) Ltd & Another

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the publications complained of were substantially justified as true in alleging gross incompetence against the appellant
  2. 2 Whether an informal count of uncounted ballot papers post-declaration is permissible
  3. 3 Whether a rule 47 application for inspection of ballot papers can be made before an election petition is filed and by whom

Ratio Decidendi

The finding of gross incompetence against the appellant was not justified because his actions in making a rule 47 application were legally permissible and reasonable in the circumstances. Rule 47 permits such an application prior to an election petition, and the returning officer may be the applicant. The criticisms of the appellant's conduct did not amount to the very great incompetence alleged.

Court Disposition

Appeal allowed

Orders

  • Judge's holding on justification reversed
  • Order set aside