Waghorn v Fry and another

Elections – Local government. The applicant sought to challenge the election of a candidate in local government elections. His petition was struck out on the basis of failure to comply with a technical rule in s 136 of the Representation of People Act 1983 that At the time of presenting an election petition or within three days afterwards the petitioner shall give security for all costs which may become payable by him to any witness summoned on his behalf or to any respondent. The applicant appealed the striking out of the petition. The Queen's Bench Division dismissed the appeal on the basis that the requirement in the 1983 Act was clear and it had not been complied with.

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