MORRISON, PETITION OF TIMOTHY DENIS & Ors v ALISTAIR CARMICHAEL MP AND ALISTAIR BUCHAN IN RESPECT OF THE ELECTION FOR THE ORKNEY AND SHETLAND COUNTY UK PARLIAMENTARY CONSTITUENCY HELD ON 7 MAY 2015 [2015] ScotEC EC_90 (09 December 2015)

MORRISON, PETITION OF TIMOTHY DENIS & Ors v ALISTAIR CARMICHAEL MP AND ALISTAIR BUCHAN IN RESPECT OF THE ELECTION FOR THE ORKNEY AND SHETLAND COUNTY UK PARLIAMENTARY CONSTITUENCY HELD ON 7 MAY 2015 [2015] ScotEC EC_90 (09 December 2015)

The court was not satisfied beyond reasonable doubt that the respondent’s false statement was in relation to his personal character or conduct, but rather limited to his awareness of a political event. Therefore, section 106 was not engaged and no illegal practice was proved.

Citation
[2015] ScotEC EC_90
Parties
Petitioners: Timothy Denis Morrison and Others; First Respondent: Alistair Carmichael MP; Second Respondent: Alistair Buchan
Jurisdiction
Scotland
Judgment Date
09 December 2015
Procedural Posture
Parliamentary Election Petition / Final Determination
Outcome
Petition refused
Legal Topics
False Statements in Election Campaigns, Illegal Practices Under Representation of the People Act 1983, Standard of Proof in Election Petitions
Election Law Administrative Law False Statements in Election Campaigns Illegal Practices Under Representation of the People Act 1983 Standard of Proof in Election Petitions

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Parties

Timothy Denis Morrison and Others

Petitioners

Alistair Carmichael MP

First Respondent

Alistair Buchan

Second Respondent

Procedural Posture

Parliamentary Election Petition / Final Determination

Legal Issues

  1. 1 Whether the respondent made a false statement of fact in relation to his personal character or conduct under section 106 of the Representation of the People Act 1983
  2. 2 Whether the false statement was made for the purpose of affecting the return of the respondent at the election

Ratio Decidendi

The court was not satisfied beyond reasonable doubt that the respondent’s false statement was in relation to his personal character or conduct, but rather limited to his awareness of a political event. Therefore, section 106 was not engaged and no illegal practice was proved.

Court Disposition

Petition refused

Orders

  • First respondent not proved to have committed an illegal practice under section 106 of the Representation of the People Act 1983
  • First respondent was duly elected