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

  • EM (Zimbabwe) v Secretary of State for the Home Department
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 14 January 2011

    Whilst the socio-economic situation in high-density areas is more challenging, in general a person without ZANU-PF connections will not face significant problems there (including a “loyalty test”), unless he or she has a significant MDC profile, which might cause him or her to feature on a list of those targeted for harassment, or would otherwise engage in political activities likely to attract the adverse attention of ZANU-PF. Whilst the socio-economic situation in high-density areas is more challenging, in general a person without ZANU-PF connections will not face significant problems there (including a “loyalty test”), unless he or she has a significant MDC profile, which might cause him or her to feature on a list of those targeted for harassment, or would otherwise engage in political activities likely to attract the adverse attention of ZANU-PF.

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

    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 December 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
  • Democracy by Default: The Representation of the People Act 2000
    • No. 64-1, January 2001
    • The Modern Law Review
  • Public or Personal Character in Election Campaigns: A Review of the Implications of the Judgment in Watkins v Woolas
    • No. 74-4, July 2011
    • The Modern Law Review
    Reviewing the Election Court's decision that a candidate's parliamentary election literature was unlawful under the Representation of the People Act, the Divisional Court held that statements could...
  • Analysis
    • No. , January 2010
    • Edinburgh Law Review
    • 80-150
    ... ... a book of returned Members of Parliament.1010Representation of the People Act 1983 Sch 1 (Parliamentary Elections Rules) rr 51-52. The (now former) ... sheriff clerk in Scottish constituencies date back to the Representation of the People (Scotland) Act 1832 (the Scottish corollary of the “Great ... ...
  • 2011-05-01
    • No. , May 2011
    • Edinburgh Law Review
    • 243-274
    ... ... to the great consolidating measure of UK electoral law, the Representation of the People Act 1983.77“The Representation of the People Act 1983 ... ...
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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
    ... ... The council has asked the government to amend the 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...
    ... ... hedge fund to commission polls of how people will vote […] because they might acquire an undesirable ‘trading ... 5 S.66A, Representation of the People Act 1983 ... followed their suit is unclear. Exit ... ...
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Forms
  • Your rights to legal representation and to see the tribunal doctor
    • HM Courts & Tribunals Service court and tribunal forms
    Mental Health Tribunal forms including application and pre-hearing examination forms.
    ... ... A tribunal decides whether you should remain on your Section of the Mental Health Act ... The tribunal is a panel that is made up of three people – a judge (who is chairman of the ... hearing), a tribunal doctor who is a psychiatrist, and a third member who knows about ... mental health care ... ...
  • Form PA1A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... www.gov.uk/willsprobate-inheritance/appylingfor-a-grant-of-representation ... PA1A - Probate Application (this form) ... I nheritance Tax Summary ... who has died who did not survive them? ... How many children of people at ‘b’ who ... survived them? ... Please confirm that if any of the ... ...
  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... …………… ... Representation:  COUNSEL     SOLICITORS ... Claimant   ... access for people with disabilities YES/NO.  ... Is a large courtroom necessary? ... ...
  • a guide for people who want to challenge an application for grant on an estate (PA8)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ... ... need to apply to the Probate Service for a document called a Grant of Representation or ... ‘grant’. This process is called probate ... In most cases, applying for probate is a straightforward procedure. The Probate Service ... ...
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