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26 February 2010
Issue: 7406 / Categories: Case law , Law digest
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Elections

Conservative and Unionist Party v Election Commissioner [2010] EWHC 285 (Admin), [2010] All ER (D) 214 (Feb)

The extent to which third party orders for the costs of an election petition could be made were limited to the circumstances set out in s 156 of the Representation of the People Act 1983.

If the election court was intended to have the power to order non-parties to pay costs, it would be odd if that power could not be exercised because the procedural device—CPR 48.2(1)—used in the High Court was inappropriate for the election court. CPR 48.2(1) was a mechanism to enable non-parties to be provided with any documents relevant to any application for costs made against them, and, further, to make representations to the court.

The procedural device was unnecessary for s 156 purposes; s 156 had its own in-built procedure for enabling non-parties to participate in applications for costs against them. Furthermore, the provisions of any other enactment which s 51 of the 1981 Act was expressly qualified by included ss 154 and 156. Prima facie, their

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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