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18 July 2014
Issue: 7615 / Categories: Case law , Law digest , In Court
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Elections

Mabbutt (on his own behalf and on behalf of the Conservative Party) [2014] EWHC 2244 (QB), [2014] All ER (D) 86 (Jul)

The focus of a court’s inquiry in connection with reg 108(3)(b) of the European Parliamentary Elections Regulations 2004 (SI 2004/293) was the act or omission and the good faith (or otherwise) of the applicant for relief. Correspondingly, if the application was successful it was the applicant who was relieved from any liability or consequences in respect of the errors which prompted the application. It might be said that the closing words of reg 108 appeared at first sight to have a wider impact, but should be interpreted as meaning, “and upon the making of the order no such person shall be subject to any of the consequences under these Regulations of that act or omission”. Were it otherwise, a person who should be entitled to relief would be denied it because of the nature of someone else’s act or because of their bad faith. That would not be consistent with the intention of the regulation, which

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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