Pole and Scanlon Petitioners [1920] ScotLR 93 (16 November 1920)

Pole and Scanlon Petitioners [1920] ScotLR 93 (16 November 1920)

The candidate's failure was excused due to inadvertence and reliance on his agent, but the agent's lack of skill and misunderstanding of statutory duties did not constitute reasonable cause; the time for indulgence to unskilled agents has passed.

Source-derived case information.

Citation
[1920] ScotLR 93
Parties
Petitioner: David Graham Pole; Petitioner: John Templeton Scanlon
Jurisdiction
Scotland
Judgment Date
16 November 1920
Procedural Posture
Petition for Authorised Excuse Under Election Law / Final Judgment
Outcome
Petition granted in part, refused in part
Legal Topics
Corrupt and Illegal Practices, Authorised Excuse, Failure to Transmit Return and Declaration Timeously
Election Law Corrupt and Illegal Practices Authorised Excuse Failure to Transmit Return and Declaration Timeously

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Parties

David Graham Pole

Petitioner

John Templeton Scanlon

Petitioner

Procedural Posture

Petition for Authorised Excuse Under Election Law / Final Judgment

Legal Issues

  1. 1 Whether the failure to transmit election expense returns and declarations timeously can be excused under the Corrupt and Illegal Practices Prevention Act 1883 due to inadvertence or reasonable cause
  2. 2 Whether employment of an unskilled election agent constitutes reasonable cause for failure

Ratio Decidendi

The candidate's failure was excused due to inadvertence and reliance on his agent, but the agent's lack of skill and misunderstanding of statutory duties did not constitute reasonable cause; the time for indulgence to unskilled agents has passed.

Court Disposition

Petition granted in part, refused in part

Orders

  • Petitioner Scanlon to lodge accounts and statutory declaration by specified date
  • Petitioner Pole to lodge statutory declaration by specified date