Le Cornu v. Att. Gen. [2015] 1 JLR 58 (23 December 2014)

Le Cornu v. Att. Gen. [2015] 1 JLR 58 (23 December 2014)

The court exercised its discretion under art. 61(4) not to void the election because the nomination error was inadvertent and technical, did not affect the result, and the electorate had already voted.

Citation
[2015] 1 JLR 58
Parties
Applicant: Le Cornu; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
23 December 2014
Procedural Posture
Election Petition / Judgment
Outcome
election not declared void
Legal Topics
Candidate Nomination, Election Validity, Technical Non Compliance
Election Law Public Law Candidate Nomination Election Validity Technical Non Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Le Cornu

Applicant

Attorney General

Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether a technical, inadvertent failure in candidate nomination requires the election to be declared void under Public Elections (Jersey) Law 2002, art. 61(3)

Ratio Decidendi

The court exercised its discretion under art. 61(4) not to void the election because the nomination error was inadvertent and technical, did not affect the result, and the electorate had already voted.

Court Disposition

election not declared void