Representation of the People in UK Law

Leading Cases
  • Fox v Stirk and Bristol Electoral Registration Officer
    • Court of Appeal (Civil Division)
    • 12 May 1970

    The second principle is that temporary presence at an address does not make a man a resident there. The third principle is that temporary absence does not deprive a person of his residence. If he happens to be away for a holiday or away for the weekend or in hospital, he does not lose his residence on that account.

  • R (on the application of Chester) v Secretary of State for Justice
    • Supreme Court
    • 16 Oct 2013

    But there are limits to this process, particularly where the matter has been already to a Grand Chamber once or, even more so, as in this case, twice. It would have then to involve some truly fundamental principle of our law or some most egregious oversight or misunderstanding before it could be appropriate for this Court to contemplate an outright refusal to follow Strasbourg authority at the Grand Chamber level.

  • Conservative and Unionist Central Office v Burrell
    • Court of Appeal (Civil Division)
    • 10 Dec 1981

    I infer that by "unincorporated association" in this context Parliament meant two or more persons bound together for one or more common purposes, not being business purposes, by mutual undertakings, each having mutual duties and obligations, in an organisation which has rules which identify in whom control of it and its funds rests and upon what terms and which can be joined or left at will. The bond of union between the members of an unincorporated association has to be contractual.

  • R v Rowe, ex parte Mainwaring
    • Court of Appeal (Civil Division)
    • 24 Mar 1992

    Some consideration was given during argument to the standard of proof required to establish a breach of the subsection. If a person is found guilty of a corrupt practice under section 115 he is liable to be prosecuted on indictment. Furthermore he may be the subject of severe electoral disqualifications under section 160(4). If there is a prosecution there is no doubt that the case must be proved to the criminal standard of proof.

  • R (Animal Defenders International) v Secretary of State for Culture, Media and Sport
    • Queen's Bench Division (Administrative Court)
    • 04 Dec 2006

    In summary, the necessity for restrictions on political/social advocacy broadcast advertising outside elections periods has been convincingly shown. It is necessary to protect the rights of others through preventing undue access to the broadcast media based on willingness and ability to pay. At root it supports the soundness of the framework for democratic public debate. The broadcast media remain pervasive and potent throughout the period between elections.

  • RN (Returnees)
    • Asylum and Immigration Tribunal
    • 30 Oct 2008

    Each case will turn on its own facts and the particular circumstances of the individual are to be assessed as a whole. If such a person (and as we explain below there may be a not insignificant number) is in fact associated with the regime or is otherwise a person who would be returning to a milieu where loyalty to the regime is assumed, he will not be at any real risk simply because he has spent time in the United Kingdom and sought to extend his stay by making a false asylum claim.

  • Ahmed v Kennedy; Ullah v Pagel
    • Court of Appeal (Civil Division)
    • 12 Dec 2002

    Flexibility and discretion are all very well but there is merit too in certainty, not least in the field of electoral challenge. It is undesirable to have someone serving in a public office with doubts surrounding the legitimacy of his election.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • Patients' Entitlement to Vote in General Elections
    • Mondaq United Kingdom
    ...... In fact the Representation of the People Act permits only postal or proxy voting by detained ......
  • Referendum On Infrastructure Project Runs Into Difficulties
    • Mondaq United Kingdom
    ......Representation of the People Act 1985 to allow the polls to be held concurrently.  Even ......
  • Public Law Case Update – Top Ten Cases Of 2019
    • Mondaq UK
    ...... voter ID Pilot Scheme made by order under section 10 of the Representation of the People Act 2000 - R (on the application of Coughlan) v The Minister ......
  • FCA to Review Hedge Fund Polling Data Use
    • JD Supra United Kingdom
    Political reaction to significant market movements and perceived hedge fund profits will result in regulatory scrutiny and possibly legislation, especially when elided with the desire to protect de...
    ...... it is “undesirable for a hedge fund to commission polls of how people will vot e […] because they might acquire an undesirable ‘tr ading ....uk/pa/ld201719/ldselect/ldppdm/106/106.pdf 5 S.66A, Representation of the People Act 1983 . followed their suit is unclear. E ......
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