Conservative and Unionist Party v Election Commissioner & Ors

Conservative and Unionist Party v Election Commissioner & Ors

The statutory scheme of the Representation of the People Act 1983 limits the circumstances in which costs can be ordered against non-parties to those expressly provided in the Act; once the election court has made its determination and certified it, it is functus officio and cannot entertain further applications for costs against non-parties.

Parties
Claimant: The Conservative and Unionist Party; Respondent: The Election Commissioner; Interested Party: Lydia Emelda Simmons; Interested Party: Slough Conservative Association
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Judicial Review / Appeal
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Jurisdiction of Election Court, Non Party Costs Liability, Functus Officio Doctrine
Election Law Civil Procedure Costs Orders Jurisdiction of Election Court Non Party Costs Liability Functus Officio Doctrine

Case Brief

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Parties

The Conservative and Unionist Party

Claimant

The Election Commissioner

Respondent

Lydia Emelda Simmons

Interested Party

Slough Conservative Association

Interested Party

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether an order for costs can be made against a non-party to an election petition
  2. 2 Whether the Election Commissioner retains jurisdiction after certifying determination under the Representation of the People Act 1983
  3. 3 Whether the Commissioner should have recused himself due to perceived bias

Ratio Decidendi

The statutory scheme of the Representation of the People Act 1983 limits the circumstances in which costs can be ordered against non-parties to those expressly provided in the Act; once the election court has made its determination and certified it, it is functus officio and cannot entertain further applications for costs against non-parties.

Court Disposition

Appeal dismissed