Evans, R (On the Application Of) v The Electoral Commission [2021] EWHC 1818 (Admin) (31 March 2021)

Evans, R (On the Application Of) v The Electoral Commission [2021] EWHC 1818 (Admin) (31 March 2021)

The Electoral Commission did not act unlawfully in applying its standard process, including public consultation, to the claimant's late application for a registered description. The process was lawful, fair, and even-handed, and the claimant's delay was the operative cause of any disadvantage. There was no arguable case of breach of statutory duty or unlawful fettering of discretion. Interim relief was refused as there was no serious issue to be tried and the balance of convenience favoured refusal.

Citation
[2021] EWHC 1818 (Admin)
Parties
Claimant: David Evans (on behalf of the Labour Party); Defendant: The Electoral Commission
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Judicial Review / Application for Interim Relief
Outcome
Application for interim relief refused
Legal Topics
Interim Relief, Judicial Review, Statutory Duty, Fettering of Discretion, Electoral Registration, Public Consultation
Administrative Law Election Law Public Law Interim Relief Judicial Review Statutory Duty Fettering of Discretion Electoral Registration +1 more

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Parties

David Evans (on behalf of the Labour Party)

Claimant

The Electoral Commission

Defendant

Procedural Posture

Judicial Review / Application for Interim Relief

Legal Issues

  1. 1 Whether the Electoral Commission unlawfully refused to determine the Labour Party's application for a registered description in time for the Scottish Parliamentary elections
  2. 2 Whether the Commission unlawfully fettered its discretion by rigidly applying its standard process, including public consultation, in circumstances where it would preclude a timely decision

Ratio Decidendi

The Electoral Commission did not act unlawfully in applying its standard process, including public consultation, to the claimant's late application for a registered description. The process was lawful, fair, and even-handed, and the claimant's delay was the operative cause of any disadvantage. There was no arguable case of breach of statutory duty or unlawful fettering of discretion. Interim relief was refused as there was no serious issue to be tried and the balance of convenience favoured refusal.

Court Disposition

Application for interim relief refused

Orders

  • Claimant's application for interim relief is refused
  • Claimant to pay the defendant's costs summarily assessed at £9,222 inclusive of VAT