Banwait v Bettany (rev 1)
The false statements about the petitioner's address constituted a political attack, not a personal one, and thus did not fall within section 106. There was insufficient evidence to prove dissemination of the 'Labour News' leaflet by or on behalf of the respondent, so the section 115 allegation was not made out.
- 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
Case Brief
Summary, issues, holding and outcome
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Parties
Ranjit Ryan Banwait
Petitioner
Paul Dene Bettany
Respondent
Procedural Posture
Election Petition / Final Judgment
Legal Issues
- 1 Whether false statements about the petitioner's address constituted an illegal practice under section 106 of the Representation of the People Act 1983
- 2 Whether the distribution of the 'Labour News' leaflet constituted a corrupt practice under section 115 of the Representation of the People Act 1983
- 3 Whether the false statements related to personal character or conduct or political position
Ratio Decidendi
The false statements about the petitioner's address constituted a political attack, not a personal one, and thus did not fall within section 106. There was insufficient evidence to prove dissemination of the 'Labour News' leaflet by or on behalf of the respondent, so the section 115 allegation was not made out.
Court Disposition
petition dismissed
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