Le Claire v Att. Gen. [2012] 1 JLR 15 (05 December 2011)
- Citation
- [2012] 1 JLR 15
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Election Petition / Application for Recount
More details
- Posture
- Election Petition / Application for Recount
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A recount is justified where there is a real dispute as to the accuracy of the original count, especially if the applicant was excluded from the count, had no opportunity to request a recount, the vote margin is narrow, and the application is made promptly before oaths are taken.
Court disposition
recount ordered
Orders
- A recount of the votes is to be conducted.
02
Material facts
Parties
Le Claire
ApplicantAttorney General
RespondentAmounts and remedies
- Vote Margin: 17
- Spoilt Ballot Papers: 18
03
Procedural history
Posture
Election Petition / Application for Recount
04
Questions and positions
Legal issues
Whether a recount should be ordered under Public Elections (Jersey) Law 2002, art. 59(1) in the event of a real dispute as to the accuracy of the original count
Party arguments
- Applicant
- The applicant was allegedly excluded from the count, had no opportunity to request a recount before results were announced, received only 17 fewer votes than the successful candidate with 18 ballot papers spoilt, and made the application without delay before oaths were taken.
- Respondent
- No explicit respondent argument is provided in the summary.
05
Court’s reasoning
Legal principles
- 01
Public Elections (Jersey) Law 2002, art. 59(1) and art. 57
A recount may be ordered under Public Elections (Jersey) Law 2002, art. 59(1) if there is a real dispute under art. 57 as to the accuracy of the original count.
06
Ratio, limits and disposition
Ratio decidendi
A recount is justified where there is a real dispute as to the accuracy of the original count, especially if the applicant was excluded from the count, had no opportunity to request a recount, the vote margin is narrow, and the application is made promptly before oaths are taken.
Court disposition
recount ordered
- A recount of the votes is to be conducted.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Le Claire v Att. Gen. [2012] 1 JLR 15 (05 December 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR121015.html Cite as: [2012] 1 JLR 15 [ New search ] [ Help ] Le Claire v Att. Gen. 2012 (1) JLR 15 (05 December 2011) Elections-disputed elections-recount-ordered under Public Elections (Jersey) Law 2002, art. 59(1) if real dispute under art. 57 as to accuracy of original count-e.g. if unsuccessful candidate allegedly excluded from count; no opportunity to request recount before results announced; received only 17 fewer votes than successful candidate (18 ballot papers spoilt); and application made without delay, before oaths taken The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (1) JLR 15 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR121015.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.