Court of Appeal

Published October 28, 2009

Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening

Before Lord Justice Waller, Lord Justice Goldring and Sir Paul Kennedy

Judgment October 19, 2009

Once an impermissible donation had been made to a registered political party and the party had not returned it then a magistrates court should, on an application by the Electoral Commission, order forfeiture of an amount equal to the value of the donation.

The Court of Appeal so stated when allowing the appeal of the Electoral Commission against a decision by Mr Justice Walker ([2009] EWHC 78 (Admin)) to allow in part the commission’s challenge by way of judicial review of a decision by City of Westminster Magistrates Court (Senior District Judge Workman) on August 7, 2007, to order forfeiture in the sum of £14,481 in respect of a number of impermissible donations made by Mr Alan Bown to the United Kingdom Independence Party.

The judge quashed the decision and remitted the application. The commission on appeal sought clarification as to the proper approach to section 58(2) of the 2000 Act.

Mr Michael Beloff, QC and Mr Jasbir Dhillon for the Electoral Commission; Mr Alan Newman, QC and Mr Sam Blom Cooper for UKIP; the magistrates took no part in the proceedings.

SIR PAUL KENNEDY said that the context of the discretion granted by section 58(2) to order forfeiture was narrow.

Once it was shown that a donation has been accepted in breach of section 54, that was to say from an impermissible donor, and had not been returned as envisaged by section 56, then a magistrates court should, if asked to do so, in almost every case exercise its power under section 58(2) by ordering forfeiture of an amount equal to the value of the donation. In other words there was a presumption in favour of forfeiture.

Lord Justice Goldring and Lord Justice Waller agreed.

Solicitors: Treasury Solicitor; Moreland & Co, Haringey.

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