CA-2025-002307 - [2025] EWCA Civ 1378

The Election Petition Rules 1960

The 1960 Rules were originally made pursuant to the predecessor of section 182 of the 1983 Act, section 160 of the Representation of the People Act 1949. They have since been amended on several occasions pursuant to sections 136, 182 and 185 of the 1983 Act.

The explanatory note for the 1960 Rules, as first made, stated as follows:

“These Rules replace in modern form (with a few minor and consequential changes in procedure) the Rules relating to parliamentary and local government election petitions. Some of the existing provisions have been omitted in reliance on the general practice and procedure of the High Court, which will apply notwithstanding any different practice followed by committees of the House of Commons in dealing with election petitions before 1868.”

In line with that explanation, rule 2(4) of the 1960 Rules provides:

“Subject to the provisions of the Act and these Rules, the practice and procedure of the High Court shall apply to a petition under these Rules as if it were an ordinary claim within its jurisdiction, notwithstanding any different practice, principle or rule on which the committees of the House of Commons used to act in dealing with election petitions.”

Rule 4 of the 1960 Rules, which is of particular significance in the context of the first and second points of law in respect of which the Divisional Court granted leave to appeal, is so far as material in these terms:

A petition shall be in the form set out in the Schedule to these Rules or a form to the like effect with such variations as the circumstances may require, and shall state—

in which of the capacities mentioned in section 121(1) or section 128(1) of the Act the petitioner or each of the petitioners presents the petition;

the date and result of the election to which the petition relates, showing in the case of a parliamentary election the date on which the return was made to the Clerk of the Crown of the member declared to have been elected;

… and

the grounds on which relief is sought, setting out with sufficient particularity the facts relied on but not the evidence by which they are to be proved;

and shall conclude with a prayer setting out particulars of the relief claimed.

The petition shall be presented by filing it and at the same time leaving three copies at the election petitions office.”

Rule 5 of the 1960 Rules requires a petitioner to apply to a Master within three days after the presentation of the petition for the amount of the security for costs he is to give to be fixed. Rule 6, which is central to the third point of law on which the respondents have leave to appeal, reads:

Within five days after giving the security the petitioner shall serve on the respondent within the meaning of section 121(2) or section 128(2) of the Act and on the Director of Public Prosecutions a notice of the presentation of the petition and of the nature and amount of the security which he has given, together with a copy of the petition and of the affidavit accompanying any recognisance.

Service shall be effected in the manner in which a claim form is served and a certificate of service shall be filed as soon as practicable after service has been effected.”

By rule 7, a respondent who intends to object to a recognisance “shall, within fourteen days after service on him of the notice referred to in Rule 6, serve on the petitioner notice of his objection, stating the grounds thereof, and issue and serve on the petitioner an application notice to determine the validity or otherwise of the objection”.

Rule 19(1) of the 1960 Rules, which also featured prominently in argument, provides:

“Any period of time prescribed by Rules 5, 6 or 7 shall be computed in accordance with section 119 of the Act and shall not be varied by order or otherwise, but save as aforesaid rules 2.8 to 2.11 and 3.1(2)(a) of the Civil Procedure Rules 1998 shall apply to any period of time prescribed by these Rules as if it were prescribed by the Civil Procedure Rules.”