Significant Election Law case decision of 2025
Tim Straker KC, Joint Head of Chambers (leading Rupert Beloff in the Court of Appeal) acted for Returning Officer Mr Stephen Young in this election petition, instructed by Mr Emyr Thomas of Sharpe Pritchard.
Adam Richardson acted for the successful candidate, Sarah Pochin MP.
The case was brought by the English Constitution candidate Mr Graham Moore in a legal challenge to the result of a by-election won by Reform Party earlier this year in Cheshire , at an Election Court hearing on 25th July 2025 before Mr Justice Yip and Judge Butcher.
The Court of Appeal hearing concerned an appeal of the a previous decision of the Divisional Court that the court was empowered to deem that defective service of the petition was good service under the provisions of the CPR notwithstanding the strictures of Election Petition rules and was heard on 16th October 2025 before Lord Justice Newey, Lady Justice Andrews and Lord Justice Holgate. The Court of Appeal declined to overturn the decision of the Divisional Court and allowed the petition to proceed.
Subsequently, the petition was heard at a three-day trial commencing 3rd November 2025 at an election court before Mr Justice Bryan and Mr Justice Spencer sitting at Chester Crown Court.
The petition was dismissed was dismissed and the Petitioner was ordered to pay the costs of the Respondents, Ms Pochin and the acting returning officer Mr Stephen Young.
The case was significant in that it was the first election petition to be considered by the Court of Appeal in almost a quarter of a century. The Court of Appeal clarified the scope of the court's powers to retrospectively remedy defects in the service of a petition notwithstanding the strict provisions of the Election Petition Rules.
See BBC news story on the case linked here.
