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01 August 2019 / Nicholas Dobson
Issue: 7851 / Categories: Features , Public , Constitutional law , Brexit
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Electioneering & misconduct in public office

Nicholas Dobson reflects on how & why the recent private prosecution against Boris Johnson failed

  • The district judge erred in issuing a summons against Boris Johnson for misconduct in public office for campaigning statements made before the June 2016 EU Referendum.

Elections invariably invoke strong passions as well as a rather creative approach to electioneering. So when a defeated challenger once accused former Nicaraguan dictator Anastasio Somoza of ballot-rigging he was told that ‘You won the elections, but I won the count’.

In the UK passions certainly ran high before the EU referendum on 23 June 2016. Boris Johnson’s controversial ‘Vote Leave’ bus advert: ‘We send the EU £350m a week, let’s fund our NHS instead’, attracted widespread and impassioned outrage, particularly among Remain advocates. On the other side, the government leaflet circulated at public expense to every UK household warned that: ‘If the UK voted to leave the EU, the resulting economic shock would put pressure on the value of the pound, which would risk higher prices

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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