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11 May 2010 / David Greene
Categories: Opinion , Constitutional law
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The litigation end game

Voting fiasco may give rise to increase in election litigation

The litigation process gained a substantial airing during election night. Would-be voters locked out of polling booths cried of conspiracy and a breach of their human rights.

The papers were full of talk of actions being brought by “barred” voters to right the wrong of their exclusion. Elections usually give rise to some litigation as the parties and candidates fight over the way in which the election was conducted in an attempt to overturn the returning officers’ decisions. 

This election might give rise to a rise in election litigation, particularly where there are very small majorities and there have been instances of exclusion of voters. 

In the longer term, what does a new government promise for the civil justice system? Unfortunately, whatever the colour of the government formed, it is highly likely that civil justice will be the subject of further cuts.

The civil justice process is likely to be a victim of further cuts in public expenditure. Civil justice is the poor cousin

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