Munro and M'Mullen Petitioners [1920] ScotLR 184 (17 January 1920)

Munro and M'Mullen Petitioners [1920] ScotLR 184 (17 January 1920)

The Court granted the authorised excuse because both petitioners acted in good faith and their failures were due to inadvertence, particularly given the exceptional circumstances of the candidate's military service and the agent's lack of legal experience. However, the Court warned that ignorance of statutory duties would not generally be accepted as an excuse in future cases.

Citation
[1920] ScotLR 184
Parties
Petitioner: Hector Munro; Petitioner: William M'Mullen; Minuter: James Mackintosh, K.C., Sheriff of Ross and Cromerty
Jurisdiction
Scotland
Judgment Date
17 January 1920
Procedural Posture
Petition / Judgment on Petition for Authorised Excuse
Outcome
authorised excuse granted with conditions
Legal Topics
Corrupt and Illegal Practices, Authorised Excuse, Ignorance of Statutory Provisions, Election Expenses
Election Law Corrupt and Illegal Practices Authorised Excuse Ignorance of Statutory Provisions Election Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hector Munro

Petitioner

William M'Mullen

Petitioner

James Mackintosh, K.C., Sheriff of Ross and Cromerty

Minuter

Procedural Posture

Petition / Judgment on Petition for Authorised Excuse

Legal Issues

  1. 1 Whether failure to comply with statutory requirements for election expenses declarations can be excused due to inadvertence and good faith under the Corrupt and Illegal Practices Prevention Act 1883

Ratio Decidendi

The Court granted the authorised excuse because both petitioners acted in good faith and their failures were due to inadvertence, particularly given the exceptional circumstances of the candidate's military service and the agent's lack of legal experience. However, the Court warned that ignorance of statutory duties would not generally be accepted as an excuse in future cases.

Court Disposition

authorised excuse granted with conditions

Orders

  • Accounts in statutory form and declarations by both petitioners to be lodged with the returning officer within one month from the date of the order.