Murphy v The Electoral Commission [2019] EWHC 2762 (QB) (21 October 2019)

Murphy v The Electoral Commission [2019] EWHC 2762 (QB) (21 October 2019)

Section 124 of PPERA does not require the Commission to destroy copies or cease publication of a return; it only requires return of the original upon request after two years. No private law cause of action arises for breach of statutory duty or conversion. The claim is misconceived and an abuse of process, as any...

Source-derived case information.

Citation
[2019] EWHC 2762 (QB)
Parties
Claimant: Richard Murphy; Defendant: The Electoral Commission
Jurisdiction
England and Wales
Judgment Date
21 October 2019
Procedural Posture
Civil (statutory Interpretation, Tort) / Strike Out Application, Final Judgment
Outcome
Claim struck out
Legal Topics
Statutory Duty, Conversion, Judicial Review, Abuse of Process
Public Law Electoral Law Tort Statutory Duty Conversion Judicial Review Abuse of Process

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Parties

Richard Murphy

Claimant

The Electoral Commission

Defendant

Procedural Posture

Civil (statutory Interpretation, Tort) / Strike Out Application, Final Judgment

Legal Issues

  1. 1 Whether section 124 of PPERA imposes a duty to destroy or cease publishing copies of a return
  2. 2 Whether a private law cause of action for breach of statutory duty or conversion arises from delay in returning documents
  3. 3 Whether exemplary damages are available for the alleged breach

Ratio Decidendi

Section 124 of PPERA does not require the Commission to destroy copies or cease publication of a return; it only requires return of the original upon request after two years. No private law cause of action arises for breach of statutory duty or conversion. The claim is misconceived and an abuse of process, as any remedy lies in judicial review.

Court Disposition

Claim struck out

Orders

  • Claim struck out pursuant to CPR 3.1 and 3.4