Banwait v Bettany (rev 1) [2018] EWHC 3263 (QB) (23 November 2018)

The false statements regarding Banwait's address were political attacks, not personal, and thus do not fall within section 106. There was insufficient evidence to prove dissemination of the 'Labour News' leaflet in the 2018 campaign, so the section 115 allegation fails.

Citation: [2018] EWHC 3263 (QB)
Parties: Petitioner: Ranjit Ryan Banwait; Respondent: Paul Dene Bettany
Jurisdiction: England and Wales
Judgment Date: 23 November 2018
Procedural Posture: Election Petition / Final Judgment
Outcome: petition dismissed
Legal Topics: Illegal Practice, Corrupt Practice, False Statements, Undue Influence, Personal Vs Political Character, Dissemination of Fraudulent Devices

Election Law Public Law Illegal Practice Corrupt Practice False Statements Undue Influence Personal Vs Political Character Dissemination of Fraudulent Devices

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3

Parties

Ranjit Ryan Banwait

Petitioner

Paul Dene Bettany

Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

1 Whether false statements about the candidate's address constituted an illegal practice under section 106 of the Representation of the People Act 1983
2 Whether the 'Labour News' leaflet constituted a corrupt practice under section 115 of the Representation of the People Act 1983

Ratio Decidendi

Court Disposition

petition dismissed