Miller V Bull (Returning Officer Of Herefordshire Council) [2009] EWHC 2640 (QB), [2010] WLR 1861

01 Jan 2018

Public Law and Judicial Review

Election petition pursued by way of case stated. Estelle appeared for the returning officer. The court held that, where an election petition would be struck out for failure only to serve timeous notice of the nature and amount of the security given, the amendment effected by the Election Petition (Amendment) Rules 2003 to the Election Petition Rules, 1960 r.19, which resulted in the prohibition of an extension of time underr.6 of the 1960 Rules, was incompatible with the European Convention on Human Rights 1950 art.6 because the amendment was not pursuing a legitimate aim and there was not a reasonable relationship of proportionality between the means employed and the aim.

View judgment.