header-logo header-logo

01 August 2019 / Nicholas Dobson
Issue: 7851 / Categories: Features , Public , Constitutional law , Brexit
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll