Ratio Decidendi
Making false statements of fact about the personal character or conduct of a candidate in an election is an illegal practice under section 106 of the Representation of the People Act 1983. If proved, the election may be declared void.
Facts
Phil Woolas was elected MP for Oldham East and Saddleworth in the 2010 general election. His election was challenged on the basis that campaign leaflets made false statements of fact about his opponent's personal character.
Judgment Summary
The Election Court (two High Court judges) found that Woolas had made false statements of fact about his opponent's personal character and conduct with the purpose of affecting the result. The election was declared void and Woolas was barred from standing for three years.
Key Quotes
"A false statement of fact about the personal character or conduct of a candidate is not to be treated as a matter of political opinion."
— Teare J and Griffith Williams J
Subsequent Treatment
Important precedent on the distinction between political opinion and false factual statements about candidates.