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Timothy Straker QC - R (The Good Law Project) -v- The Electoral Commission and Others

The Court of Appeal has unanimously allowed an appeal arising out of the 2016 EU referendum and have held, as submitted by Timothy Straker QC with James Tumbridge of Venner Shipley, that a donation is not an expense in the context of a referendum. The same should be the case for an election.

The case concerned the extent to which there is a distinction between the statutory regimes for reporting of donations and of referendum expenses. Timothy Straker QC and James Tumbridge were instructed by the First Interested Party, Vote Leave Limited, and consistently submitted that the relevant legislation should be interpreted in a straightforward way. This approach was endorsed by the Court of Appeal. The argument is set out at paragraphs 65 and 66 of the linked judgment.

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