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26 May 2017 / Athelstane Aamodt
Issue: 7747 / Categories: Features , Constitutional law
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Court out

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In the run up to the General Election, Athelstane Aamodt explains how the Election Court operates

As lawyers know, there are all sorts of courts and tribunals in the UK whose function depends on the matter to be decided. For the most part they derive their existence and the limits of their powers from statutes and statutory instruments. They are familiar to us: the Employment Tribunal, the Upper Tribunal (Lands Chamber), the First-Tier Tax Tribunal, and so forth. They all have their quirks and idiosyncrasies. Of all the courts in the UK, however, none is quite as unusual as the Election Court.

The law expressly allows people to question the outcome of parliamentary elections as well as European Parliament elections, local elections, Welsh assembly elections and local referendums by presenting a petition, which is essentially a claim form, that sets out the reasons for questioning the election and the relief that is sought by the petitioner.

Petition requirements

To be able to petition—by way of example—a parliamentary election, the petitioner needs to be one of the following:

  • a
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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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