R (Woolas) v Parliamentary Election Court
[2010] EWHC 3169 (Admin)
Ratio Decidendi
An election may be voided under the Representation of the People Act 1983 if a candidate publishes statements about the personal character or conduct of another candidate that are false and made knowingly or recklessly.
Facts
Phil Woolas was elected as MP for Oldham East and Saddleworth. His defeated opponent challenged the result, alleging that campaign literature had made false statements about his personal character.
Judgment Summary
The Election Court voided the election, finding that Woolas had made false statements of fact about his opponent's personal conduct knowing them to be false. This was the first time since 1911 that an MP had been removed for electoral misconduct.
Key Quotes
"The statements went beyond legitimate political argument into false assertions about the personal character of the candidate."
— Election Court
Subsequent Treatment
Revived the largely dormant provisions on false statements about candidates.