Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another – WLR Daily

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469

‘The claimants were British nationals who, exercising their rights of free movement, had moved to European Union member states in the 1980s and remained living respectively in Italy and Belgium. They were not entitled to vote in the European Union referendum by section 2 of the European Union Referendum Act 2015 since they had last been registered to vote in a United Kingdom election more than 15 years ago. The 2015 Act adopted the franchise for United Kingdom parliamentary elections, including the 15-year rule. The claimants sought judicial review, claiming that the 15-year rule constituted a restriction on their rights of free movement which was not objectively justified, by way of a declaration that section 2 of the 2015 Act was incompatible with their directly effective European Union law rights. Article 50(1) of the EU Treaty provided that any member state could withdraw from the European Union in accordance with its own constitutional arrangements. The Divisional Court granted permission to proceed but refused the claim, holding that (i) section 2 of the 2015 Act fell within the scope of European Union law so that their rights of free movement were in principle engaged; (ii) section 2 was not a restriction on their rights of free movement; (iii) if section 2 were such a restriction, it was objectively justified as a proportionate means of achieving a legitimate objective, namely of testing the strength of a British citizen’s links with the United Kingdom over a significant period of time; and (iv) the claimants were not disentitled to a remedy on account of delay.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

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EU referendum: Two Britons lose EU vote legal bid – BBC News

Posted May 20th, 2016 in domicile, elections, freedom of movement, news, referendums, time limits by tracey

‘Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June’s EU referendum.’

Full story

BBC News, 20th May 2016

Source: www.bbc.co.uk

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Conservatives receive High Court challenge to hand over election spending information – Daily Telegraph

Posted May 13th, 2016 in disclosure, elections, expenses, news, political parties by tracey

‘The Conservatives are being taken to court over claims they failed to disclose information related to its investigation into claims that it breached election spending rules.’

Full story

Daily Telegraph, 12th May 2016

Source: www.telegraph.co.uk

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Ex-pats challenge to the EU referendum voting rules – UK Human Rights Blog

‘Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 957, Divisional Court 28 April 2016. An interesting, albeit unsuccessful, challenge to the rule which prohibits expatriates who were last registered to vote in the UK more than 15 years ago from voting in the forthcoming referendum on EU membership.’

Full story

UK Human Rights Blog, 28th April 2016

Source: www.ukhumanrightsblog.com

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British expats lose legal battle for right to vote in EU referendum – The Guardian

‘The high court has rejected an attempt to force the government to grant millions of UK citizens living abroad a vote in this June’s EU referendum.’

Full story

The Guardian, 28th April 2016

Source: www.guardian.co.uk

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EU referendum: Leave.EU abandons legal challenge – BBC News

Posted April 15th, 2016 in elections, news, political parties, referendums by tracey

‘A proposed legal challenge to the Electoral Commission’s decision to make Vote Leave the official Out campaign in the EU referendum has been abandoned.’

Full story

BBC News, 14th April 2016

Source: www.bbc.co.uk

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Leave.EU to launch legal challenge against Electoral Commission decision to promote rival Out campaign – The Independent

Posted April 14th, 2016 in elections, news, political parties, referendums by sally

‘One of the groups campaigning to leave the European Union has said it will launch a legal challenge against a decision to designate its rival as the official Out campaign.’

Full story

The Independent, 13th April 2016

Source: www.independent.co.uk

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High Court declares town council ward election void over nomination issues – Local Government Lawyer

Posted April 7th, 2016 in documents, elections, local government, news by sally

‘A High Court judge has held the election of three town councillors in Cheshire to be void after it emerged that their nominations were defective.’

Full story

Local Government Lawyer, 5th April 2016

Source: www.localgovernmentlawyer.co.uk

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Met Police decision to drop Tower Hamlets electoral fraud investigation branded ‘utter disgrace’ – Daily Telegraph

Posted March 17th, 2016 in corruption, elections, evidence, fraud, local government, London, news, police by tracey

‘Scotland Yard has dropped its investigation into electoral fraud in Tower Hamlets after finding “insufficient evidence that criminal offences had been committed”. Detectives launched the probe after Lutfur Rahman, the borough’s former mayor, was found guilty of corrupt and illegal practices by a judge following a High Court hearing.’

Full story

Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

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Information watchdog slaps MP with £5k penalty over nuisance calling Local Government Lawyer

Posted March 11th, 2016 in elections, fines, news, privacy, telecommunications by tracey

‘A London MP, David Lammy, has been hit with a £5,000 monetary penalty by the Information Commissioner’s Office after he instigated the making of 35,629 calls over two days.’

Full story

Local Government Lawyer, 10th March 2016

Source: www.localgovernmentlawyer.co.uk

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Theresa May feared creating police commissioner ‘monster’ – BBC News

Posted February 5th, 2016 in crime, elections, local government, news, police by tracey

‘Home Secretary Theresa May has admitted fearing she had created a “monster” by setting up police and crime commissioners in England and Wales.’

Full story

BBC News, 4th February 2016

Source: www.bbc.co.uk

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A single legal framework for UK elections – Law Commission

Posted February 4th, 2016 in elections, Law Commission, press releases, reports by tracey

‘The UK needs a new, modern and rational legal framework to govern the conduct of elections and referendums, according to an interim report published today by the three Law Commissions of the UK.’

Full press release

Law Commission, 4th February 2016

Source: www.justice.gov.uk/lawcommission

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Publisher of The Daily Telegraph fined £30,000 for general election email campaign – RPC Data and Privacy Law

Posted January 4th, 2016 in elections, electronic mail, fines, media, news, privacy by sally

‘On 15 December 2015 the Information Commissioner’s Office (ICO) issued Telegraph Media Group Limited (the Telegraph) with a Monetary Penalty Notice (see here) under section 55A of the Data Protection Act 1998 (DPA 1998) following a “serious contravention” of Regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003).’

Full story

RPC Data and Privacy Law, 30th December 2015

Source: www.rpc.co.uk

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Lords reject attempt to lower EU referendum voting age to 16 – The Guardian

Posted December 15th, 2015 in children, elections, news, parliament, referendums by sally

‘Sixteen- and 17-year-olds will not be given the vote in the the planned EU referendum, after peers succumbed to a government demand and voted to reject an extension of the franchise.’

Full story

The Guardian, 14th December 2015

Source: www.guardian.co.uk

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MPs overturn Lords bid to ​give 16- and​​ 17-year-olds right to vote – The Guardian

Posted December 9th, 2015 in bills, EC law, elections, news, parliament, referendums, young persons by sally

‘Labour lords are preparing to defy the House of Commons after it blocked their proposals to let 16- and 17-year-olds vote in the EU referendum.’

Full story

The Guardian, 8th December 2015

Source: www.guardian.co.uk

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Acts and Omissions of Returning Officer – Local Government Law

Posted December 3rd, 2015 in elections, local government, news by tracey

‘The two issues raised by the Local Government Election Petition in Baxter v Fear [2015] EWHC 3136 (QB) were described by the Court as “important and novel”.’

Full story

Local Government Law, 3rd December 2015

Source: www.11kbw.com/blogs/local-government-law

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CJEU ruling on prisoner voting – open door for successful UK challenge? – UK Human Rights Blog

Posted October 9th, 2015 in EC law, elections, France, news, prisons, proportionality by tracey

‘Delvigne (Judgment), [2015] EUECJ C-650/13. In a judgment much anticipated on both sides of the Channel, the Court of Justice of the European Union (“CJEU”) has held that French restrictions on the eligibility of prisoners to vote are lawful under EU law.’

Full story

UK Human Rights Blog, 9th October 2015

Source: www.ukhumanrightsblog.com

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Charity and Political Lobbying – Cloisters

Posted October 7th, 2015 in charities, elections, lobbying, news by sally

‘In England and Wales an organisation must satisfy the definition of charity under the Charities Act 2011 and must be established for charitable purposes only and subject to the control of the High Court in the exercise of its jurisdiction with respect to charities. There is a list of charitable purposes, which include matters such as the promotion of human rights, but it includes any purposes that may reasonably be regarded as analogous to, or within the spirit of, any of the purposes expressly set out in the Act. All charitable purposes must be for the public benefit.’

Full story

Cloisters, 28th September 2015

Source: www.cloisters.com

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Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise – UK Constitutional Law Association

Posted October 7th, 2015 in bills, constitutional law, EC law, elections, news, referendums by sally

‘In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading in the House of Lords is scheduled for 13 October 2015. Following the recommendation of the Electoral Commission, the initially proposed question: ‘Should the UK remain a member of the European Union?’ was replaced with an arguably more neutral question: ‘should the UK remain a member of the European Union or leave the European Union’.’

Full story

UK Constitutional Law Association, 7th October 2015

Source: www.ukconstitutionallaw.org

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EU court ruling favours UK prisoner vote ban – BBC News

Posted October 6th, 2015 in EC law, elections, human rights, news, prisons, proportionality by sally

‘The UK’s ban on prisoners’ rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France.’

Full story

BBC News, 6th October 2015

Source: www.bbc.co.uk

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