Wikipedia

Erlam v Rahman

(Redirected from Erlam & Ors v Rahman & Anor)

Erlam and others v Rahman and another [2015] EWHC 1215 (QB) is an English election court case challenging the 2014 election of Lutfur Rahman as the Mayor of the London Borough of Tower Hamlets. On 23 April 2015, Election Commissioner Richard Mawrey voided Rahman's election under the Representation of the People Act 1983 on the grounds of corrupt and illegal practices by him and his agents, and general corruption so extensively prevailing so to reasonably supposed to have affected the election. Rahman's official election agent Alibor Choudhury was ordered to vacate his own office of councillor in the ward of Stepney Green for being guilty of corrupt and illegal practices.

Erlam v Rahman
CourtHigh Court of Justice (Queen's Bench Division) Election Court
Full case nameErlam, Simone, Hussein & Moffat v Rahman & Williams
Decided23 April 2015 (2015-04-23)
Citation(s)
Case history
Appealed toHigh Court of Justice (Queen's Bench Division) Administrative Court
Court membership
Judge sittingRichard Mawrey
Case opinions
  • Lutfur Rhaman reported personally guilty and guilty by his agents of corrupt and illegal practices
  • Corrupt and illegal practices for the purpose of promoting or procuring the election of Lutfur Rhaman as mayor so extensively prevailed that they may reasonably be supposed to have affected the result of the election
  • Alibor Choudhury reported personally guilty of corrupt and illegal practices
  • Corrupt practices extensively prevailed at the 2014 Tower Hamlets London Borough Council and Mayoral election
Keywords

Lutfur Rahman was first elected to the position of mayor in 2010, standing as an independent after controversy surrounded his placement on the Labour Party candidate shortlist and the eventual selection and almost immediate deselection as the party's official candidate.[1] For the 2014 election, Rahman represented Tower Hamlets First, which was formed the year before with Rahman its leader and Choudhury its treasurer.[i] Out of 84,234 accepted votes, Rahman received 36,539 (43.38%) first preference votes with John Biggs second with 27,643 (32.82%). Following a transfer of 856 (11.64%) second preference votes to Rahman and 6,500 (88.36%) to Biggs, Rahman was re-elected as mayor with a winning margin of 3,252 votes.[2]

On 10 June 2014, Andy Erlam, Debbie Simone, Azmal Hussein, and Angela Moffat in their position as electors at the election presented a petition to the High Court questioning Lutfur Rahman's election as mayor on the grounds that among other things Rahman or his agents, or both, committed corrupt and illegal practices contrary to the 1983 Act. Independently of the allegation against Rahman, the petition also requested the election to be set aside on the ground that the returning officer John Williams or his officials, or both, failed to conduct the election correctly under election law.[ii][3]

Background edit

Facts edit

 
Troxy theatre, the venue for the election count

The 2014 Tower Hamlets Mayoral Election took place on 22 May 2014, concurrently with elections to all 45 seats on the Tower Hamlets London Borough Council,[α] and the 2014 European Parliament election. Ten candidates stood for mayor, with incumbent Lutfur Rahman representing Tower Hamlets First and challengers representing the Conservative Party, Green Party, Labour Party, Liberal Democrats, UKIP, and TUSC along with 3 independents.[2] Voting in the mayoral election was conducted using the supplementary vote system whereby the voter has the option to express a second preference choice, which would be counted in the event no candidate receives more than half the first preference votes and the second preference vote is for one of the two candidates with the most votes in the first round.

Lutfur Rahman was declared winner of the 2014 Tower Hamlets Mayoral Election some time before 2am on 24 May 2014 with a total of 37,395 first and second preference votes over John Biggs's 34,143 votes.[5]

Legal context edit

The result of a local election may only be overturned as a result of findings following an election petition presented by one of the candidates or at least four eligible voters.[iii] The time limit for presenting a petition is generally 21 days after the election.[iv] Alternatively, anyone convicted in a criminal court of corrupt or illegal electoral practice is required to vacate their elected office.[v] A successful challenge through an election petition voids the election itself, such that the otherwise successful candidate is not considered ever lawfully elected.[vi] In contrast, a criminal conviction causes a vacancy to arise, but the original election is considered valid. In either case, a person convicted or reported by an election court personally guilty of corrupt practices is additionally barred from holding any elective office or being registered as a voter for a period of five years. For illegal practices, the period of disqualification is three years.[v][vii]

While an election petition is pursued similarly to normal civil claims, a judge sitting in an election court holds more of an inquisitorial role. This inquisitorial power requires the judge to examine and investigate possible electoral malpractice in the electoral area as a whole as opposed to being limited to determining the questions posed by the petition.[viii][ix] To aid its decision, the court has the power to require the attendance of any person as a witness, and to examine such a witness even if they are not called by either of the opposing parties. Witnesses are required to answer all questions posed to them, but none of their answers may be admitted as evidence against them in future court proceedings except in cases of perjury proceeding against the witness in respect of the evidence given.[x]

Though it is a civil court, the general standard of proof used by an election court for allegations of corrupt or illegal practices is that of a criminal one, namely that of beyond reasonable doubt.[xi][xii] The same criminal standard of proof was used by Richard Mawrey on determining whether there were general corruption designed to secure Lutfur Rahman's election, but the lower civil standard on whether such corruption affected the result.[xiii]

Representation edit

At the election court trial, the petitioners were represented by Francis Hoar, Lutfur Rahman was represented by Duncan Penny QC, instructed by K&L Gates; and the returning officer was represented by Timothy Straker QC, instructed by Sharpe Pritchard.

Pre-trial hearings edit

Protective Costs Order edit

In light of the possible financial cost that may be awarded against them if their petition proved to be unsuccessful, the petitioners applied for a limited protective costs order on 9 July 2014 to cap any potential cost recovery by the respondents to no more than £25,000 plus VAT, and their own cost to £50,000 plus VAT.[xiv] Subsequently, the petitioners attempted to adjourn the application, which along with the application itself was denied after a hearing by High Court judges Michael Supperstone and Robin Spencer sitting as a divisional court on the grounds that the petitioners had deliberately failed to disclose their financial means when making the initial application.[xv]

Application to dismiss petition edit

At the same hearing, the divisional court heard an application by Lutfur Rahman to dismiss the petition under Rule 4(1)(d) of the Election Petition Rules 1960 or the inherent jurisdiction of the court, or both. Counsel for Rahman argued for the dismissal on the grounds that the petition's many allegations of electoral offences was stated without sufficient details as to the basis of the allegations.[xvi] In rejecting the application for dismissal, the court referenced among other things Saghir & Others v Najib & Others[A] and Hussein & Others v Khan & Others[B] in support of the petitioners' position that election court have at least since the mid-nineteenth century allowed further details to be provided on request, instead of dismissing an election petition outright,[xvii] an action the divisional court then undertook by ordering for more details to be provided by the petitioners in response to request previously made by both respondents individually.[xviii][6]

Location of trial edit

 
The Royal Courts of Justice, where the trial eventually took place

Following the divisional court hearing into Lutfur Rahman application to dismiss and the petitioners application for an adjournment of their application for a protective costs order, Supperstone J sitting on his own heard an application by the petitioners to move the trial outside of Tower Hamlets for fear of intimidation by supporters of Rahman.[xix] This request was rejected by the court which held the prospect of large number of attendees and the associated potential for public rowdiness was not enough to justify ignoring the long-standing provision within primary legislation[xx] requiring trials to be held in the local government area for which the election was held, in this case the London Borough of Tower Hamlets.[7]

During its argument, counsel for John Williams drew the court attention to section 130(7) of the 1983 Act of the power of the election court to adjourn the trial to another place at the Commissioner discretion,[xxi] a discretion Richard Mawrey subsequently exercised when he moved the trial to the Royal Courts of Justice from Tower Hamlets Town Hall after regarding the town hall as not a neutral venue.[8]

Election court hearing edit

Following agreement between the petitioners and John Williams, allegations against the returning officer and his staff were withdrawn on the first day of the hearing.[xxii][9]

Overall, Richard Mawrey found Lutfur Rahman's testimony unreliable and evasive, in most instances preferring other witnesses' evidence where they conflicted with Rahman's. Mawrey also expressed dissatisfaction over "one or two witnesses" use of interpreter when they clearly demonstrated a good understanding of the English language, such as answering questions before the interpreter has spoken, or when the witness is the editor of an English language newspaper.[xxiii]

Throughout the case, it was the petitioners submission that Tower Hamlets First was in reality a "one-man band" for the sole purpose of the continuation of Lutfur Rahman as mayor, rather than a genuine political party. This position was given further support by Rahman's own evidence and that of his witnesses, with the admission that candidates for Tower Hamlets First required Rahman's personal approval.[xxiv] Given Rahman's control over candidates selection, the candidates were taken to be within the category of Rahman's agents under electoral law.[xxv]

False registration edit

Provision of false information to a registration officer is an offence under section 13D of the 1983 Act. While no specific allegation of false registration was particularised on the election petition,[3] evidences were heard by the court as part of the case on personation and other voting offences. A schedule containing multiple false registrations were submitted to and accepted by the court where all entries were shown to have voted for Rahman.[xxvi]

Particular examples of false registration highlighted in the judgment include that of former councillor Kabir Ahmed, councillor Shahed Ali, Moniruzzaman Syed, and Aktaruz Zaman all of whom were candidates representing Tower Hamlets First at the 2014 Tower Hamlets council election in the wards of Weavers,[10] Whitechapel,[11] Bromley North,[12] and both St Peter's[13] and Blackwall & Cubitt Town respectively.[4]

Personation edit

Voting with a false registration in the name of another person satisfy the offence of personation under section 60 of the 1983 Act, and all of the entries listed in the schedule of false registrations are known to have voted.[xxvii]

Voting when not entitled edit

Having concluded that Kabir Ahmed, Moniruzzaman Syed, and Aktaruz Zaman voted in their own name, but with an otherwise false registration, it follows that they are guilty of an offence of voting when not entitled under section 61(1) of the 1983 Act.[xxvii]

Double voting edit

In the case of Shahed Ali who was registered at two different addresses within the ward he was elected in, both registrations were used to vote in the election for Lutfur Rahman. If both registrations were used by Ali, then he had committed an offence of voting more than once under section 61(2) of the 1983 Act. Where one of the registration was used by another person, that person would be guilty of personation.[xxviii]

Postal vote offences edit

The court heard evidences of men representing or acting on behalf of Lutfur Rahman inducing voters to hand over partially completed postal voting documents, and in certain instances taking the uncompleted ballot papers against the voter's will.[xxix]

An expert witness gave evidence that out of 134 ballots analysed, two set of approximately one quarter of the total were completed in the same ink. Additionally, many of the documents analysed showed inconsistent electrostatic detection apparatus impressions, whereby different parts of the voting documents were completed by different authors.[xxx]

While none of the evidence in isolation would be enough for a finding of corrupt practices, it was Richard Mawrey's view that taken together the criminal standard for postal vote offences under section 62A was met.[xxxi]

Tampering with ballot papers edit

Of the 46 ballot papers accepted showing a change of first preference vote from another candidate to Lutfur Rahman, 26 were from an original vote for John Biggs. Richard Mawrey concluded that this was not sufficient a pattern to reach the criminal standard of proof for the alleged offence of tampering with ballot papers.[xxxii]

Undue influence edit

Spiritual injury edit

The election court also ruled against Rahman on the grounds of "undue spiritual influence", referring to a letter in his support signed by 101 imams.[14]

Intimidation edit

It was the petitioners allegations that there were undue influence under section 115 of the 1983 Act through "intimidation at polling stations, voters going into polling booths together or leaving campaign material inside polling booths". The court in its judgment quickly rejected that going into polling booths together or leaving campaign material amounts to undue influence, leaving only intimidation at polling stations to be more thoroughly considered.[xxxiii]

Misleading of voters edit

On the allegation that voters were misled by being told that Lutfur Rahman was the Labour Party candidate, the court decided that the evidence presented "was much too flimsy".[xxxiv]

Judgment edit

 
Tower Hamlets Town Hall at Mulberry Place, the original location of the trial, and the venue for the count of the subsequent election held in June 2015.

Lutfur Rahman was found personally guilty by the court of making false statements about a candidate, bribery, and undue spiritual influence. The court also found Rahman guilty by his agents of personation, postal vote offences, provision of false information to a registration officer, voting when not entitled, making false statements about a candidate, payment of canvassers, bribery, and undue spiritual influence.[15] A finding that corrupt and illegal practices for the purpose of securing Rahman's election, and that such general corruption so extensively prevailed such that it could be reasonably concluded to have affected the result was also returned.[xxxv] Alibor Choudhury was found personally guilty of bribery, making false statements about a candidate, and payment of canvassers.[xxxvi]

As a consequence of the findings, the 2014 mayoral election was deemed void, and Alibor Choudhury was required to vacate his office of councillor with immediate effect. Both Rahman and Choudhury are barred from holding elective office, voting or being registered as a voter for five years as bribery and undue influence constitute corrupt practices. While non-practising, Rahman was a solicitor on the Solicitors Regulation Authority's roll of solicitors.[16][17] As such, a copy of the judgment was brought to the attention of the Solicitors Regulation Authority for potential misconduct proceedings against Rahman as required by section 162 of the 1983 Act.[xxxvii]

More generally, the court also certified that corrupt practices extensively prevailed at the 2014 Tower Hamlets council election.[xxxviii]

Reaction edit

After the ruling, Lutfur Rahman and Tower Hamlets First released a statement on Rahman's personal website expressing their shock at the decision and rejecting the court's findings. The statement further alleges that "the court system was marred by bias, slurs and inaccuracies", and notes Rahman intention to appeal the judgment.[18][19] An online petition hosted on 38 Degrees in support of Rahman attracted more than 6,400 supporters.[18] A rally in support of Rahman was organised a week after the court judgment, where supporters were encouraged to donate to a fund set up in aid of Rahman possible appeal. Speakers at the rally included disgraced former MP George Galloway, and former Mayor of London Ken Livingstone. Expression of support was given by Len McCluskey, General Secretary of Unite the Union.

Lead petitioner Andy Erlam called the result "a fantastic result for democracy".[20] John Biggs, who came second in the May 2014 election released a statement saying:

Today's ruling is a victory for honest politics. By setting out to break the rules and going to extraordinary lengths to win last May's mayoral election, Lutfur Rahman and his allies robbed the people of Tower Hamlets of the free and fair mayoral election they deserved and betrayed everyone in our community who trusted and voted for him.[20][21]

A Tower Hamlets Council spokesperson welcomed the Commissioner's judgment which cleared John Williams and council staff of allegations of fraudulent practices related to the running of the May 2014 election.[22][23] The spokesperson also said:

We welcome recognition that the council's strong electoral processes – which have been subject to further intense scrutiny during this petition hearing – are sound[22][23]

Secretary of State for Communities and Local Government Eric Pickles said the judgment vindicated the government's decision to interfere into the London Borough of Tower Hamlets the previous year.[23]

Based on the election court findings that Tower Hamlets First did not operate any responsible financial scheme,[xxxix] nor in the manners as submitted in its registration as a political party,[xl] the Electoral Commission removed Tower Hamlets First from its register of political parties on 29 April 2015.[24][25] The 17 remaining councillors affiliated with Tower Hamlets First went on to sit as an Independent Group. Shahed Ali was later disqualified as a councillor after pleading guilty to housing benefit fraud.[26] Of the remaining 16, 7 eventually left the group, 4 of whom sat together under the banner People's Alliance of Tower Hamlets with Shafi Ahmed who replaced Ali as councillor, with the rest as independents.[27]

At a rally in support of Rahman, part-time judge and Chair of the Society of Black Lawyers Peter Herbert criticised the Commissioner's judgment. In the same speech, Herbert also said:

Racism is alive and well and living in Tower Hamlets, in Westminster and, yes, sometimes in the judiciary.[28]

By-elections to fill the vacancy created by the removals of Lutfur Rahman and Alibor Choudhury were held on 11 June 2015. Labour's Sabina Akhtar was elected as councillor in the ward of Stepney Green with 42.11% of the vote.[29] The by-election for the new mayor was contested by 10 candidates including Labour's John Biggs, Andy Erlam representing Red Flag Anti-Corruption, and Rabina Khan who was elected as a councillor representing Tower Hamlets First in the 2014 election.[30][31] Khan, who received the backing of Rahman,[32] stood as an independent following the deregistration of Tower Hamlets First. Biggs won the by-election with a total of 32,754 first and second preference votes over Khan 26,384 votes.[30]

Cost proceedings edit

Following his judgment, Richard Mawrey ordered Lutfur Rahman to pay the petitioners' costs to be assessed on the standard basis if not agreed between the parties. An order for an interim payment of £250,000 to be paid within 14 days was also made pending agreement or assessment of costs,[xli][33] estimated at £500,000.[34][35] Rahman was also ordered to pay the costs of John Williams, the Director of Public Prosecutions, the Metropolitan Police, and expenses incurred in the hosting of the election court.[33] As a result of the costs order, Andy Erlam obtained interim charging orders on two investment properties registered solely in Rahman's name as security for the judgment debt.[xlii] Rahman's wife Ayesha Farid filed objection to the charging orders claiming absolute beneficial interest on one of the two property, and 74% beneficial interest in the other.[xliii] Despite the objection, Erlam was able to obtain a final charging order on the second property on 29 June 2015. Additionally, an interim charging order was then secured against a property registered solely in Farid's name on the argument that Rahman has a beneficial interest in it.[xlii]

Due to Lutfur Rahman's failure to pay court cost as ordered, and Ayesha Farid's claims of beneficial interest in their properties, Andy Erlam applied for Rahman's asset to be frozen to prevent dissipation in case Farid's claim is upheld.[xliii] Knowles J granted Erlam an interim freezing and disclosure order on 29 June 2015, which was extended by Edis J to cover assets worldwide.[xliv] The disclosure order required Rahman to reveal his worldwide assets, details his income and expenditure for the previous five years, and to produce seven years worth of personal tax returns.[xliv][35]

A hearing into Ayesha Farid's claim originally set for 30 September 2015 was rescheduled to 1–3 December.[36] Less than 2 weeks before the December hearings, Lutfur Rahman was declared bankrupt on his own petition.[37][38] As a result, proceedings in respect to the two properties without a final charging order was stayed pursuant to section 285 of the Insolvency Act 1986.[xlv] Determination on Farid's claim of 74% beneficial interest on the remaining property continued at the court's discretion.[39] The property was purchased in 2005 with a mortgage in Rahman's name,[xlvi] and all rental payments income and mortgage payments outgoing were handled by Rahman.[40] As part of her evidence, Farid produced a declaration of trust dated May 2006 in support of her claim.[xliii]

On 29 January 2016, chief master Matthew Marsh ruled against Ayesha Farid granting a declaration that Lutfur Rahman holds an absolute beneficial interest in the property under question.[xlvii] In his ruling, Marsh accused Lutfur Rahman, who was not called as a witness by Ayesha Farid[xlviii] of knowingly providing misleading information when making his mortgage application, and failure to declare rental income received to HM Revenue and Customs.[41] Farid was labelled by Marsh as "a thoroughly unsatisfactory and unreliable witness" with a "cavalier attitude to disclosure"[42] who was "willing to alter and extend her case when challenged".[xlix][43] In addition to finding that Farid had failed with her evidence to establish a trust on the balance of probabilities,[l] the declaration of trust of May 2006 was also held to be a sham, "prepared in order to be available, if needed"[li] rather than to reflect the true position.

A further cost hearing was scheduled for April 2016.[43]

As of 22 June 2017, approximately £290,000 of court cost including interest incurred on the unpaid amount remains outstanding.[44]

Judicial review edit

The Representation of the People Act 1983 does not provide for decisions of the election court to be challenged. However, in R v Cripps, ex parte Muldoon [1984] QB 68 the divisional court of Robert Goff LJ and Mann J decided that decisions of a local election court may be judicially reviewed.[lii]

An application for permission to bring a judicial review was made by Lutfur Rahman in July 2015, with a hearing held on 26 January 2016.[45] The application was made in the hopes of reducing Rahman's incapacity from holding elective office from five years to three years.[liii][46] While maintaining that many of the election court findings were wrong, the application acknowledged that challenges may only be made on those conclusions which amount to error of law.[liv] The court findings that canvassers were paid in contravention of section 111 of the 1983 Act, and that Rahman is guilty of bribery personally and by his agent in contravention of section 113, were challenged on the basis that they were reached without sufficient evidence such that it amounts to an error of law, and that the commissioner erred when interpreting the provision on bribery. A challenge was made to the finding of undue spiritual influence on the basis that the Commissioner's conclusion was contrary to precedent, and incompatible with Article 9 or Article 10 of the European Convention on Human Rights, or both.[lv] The divisional court of Lloyd LJ and Supperstone J granted Rahman permission to launch a judicial review on the undue spiritual influence finding because the law had not been tested for over a century, but rejected the other two challenges, as a result leaving in place Rahman's five year ban from elective office even if he is successful in a judicial review.[46][47] The judicial review application was closed following the non-payment of court fee.[lvi]

A renewed application for permission to bring a judicial review was made by Lutfur Rahman in August 2016,[lvii] after the Metropolitan Police concluded in March 2016 there was insufficient evidence to bring a criminal prosecution.[48] As part of the renewed application, permission to reopen the original judicial review application was sought and granted by Ouseley J.[lvi] The August 2016 application took the form of an application for permission to amend the grounds of the July 2015 judicial review claim. Three additional grounds for review were sought by Rahman.[lvii] The first two grounds relied on Article 6 of the European Convention on Human Rights, arguing that the election court findings are incompatible with the presumption of innocence and right to a fair trial, given the subsequent decision of the Metropolitan Police.[lviii][lix] Permission for those two grounds were rejected by the divisional court with the findings that Rahman was at no point charged with a criminal offence for the purpose of Article 6, and that there were no parallel criminal proceedings alongside civil proceedings of the election court.[lx][lxi] Permission to include the second ground was additionally denied on the basis of undue delay in raising the issue by Rahman.[lxii][44] Under the third ground, Rahman sought a declaratory judgment that the Metropolitan Police decision to discontinue criminal investigation into him constituted an acquittal, and thus triggering the power of a court to order the cessation of the incapacity previously imposed by the election court judgment.[lxiii] Permission was denied based on the earlier finding that Rahman had not been charged, and thus impossible to have been acquitted on a prosecution.[lxiv]

Subsequent developments edit

Lutfur Rahman was charged by the Solicitors Regulation Authority before the Solicitors Disciplinary Tribunal in February 2016 of failure to uphold the rule of law and the proper administration of justice, act with integrity, or behave in a way that maintains the trust the public places in him and in the provision of legal services.[17][49] The hearing into the charges was scheduled to take place between 7–10 March 2017 but was adjourned pending the determination of Rahman's second application for permission to bring a judicial review of the election court decision.[50][51] The rearranged hearing started on Monday 18 December 2017 after the tribunal panel rejected an application for adjournment by Rahman filed the previous Friday on the grounds that he could not finance a representative nor feel able to self-represent given his inexperience in disciplinary matters.[52] On 20 December 2017, all charges against Rahman were found proven and he was struck off the roll of solicitors along with a costs order of £86,400.[53]

After an investigation by the Judicial Conduct Investigations Office, Peter Herbert was reprimanded and given "formal advice" for his comments implying the election court judgment was tainted by racism.[54][55] In response to the investigation, Herbert lodged a claim against the Ministry of Justice for race discrimination and victimisation.[55] The matter was settled in 2020 after the Judicial Conduct Investigations Office sent Herbert an apology, without accepting wrongdoing or liability; Herbert said "I took the view that I had successfully held the senior judiciary accountable for their actions."[56]

Attempts was made from the end of 2016 by Lutfur Rahman and his associates including his former deputy Ohid Ahmad to form a new political party named Tower Hamlets Together.[57] Following media reporting of the attempted party formation, Parliamentary Secretary (Minister for the Constitution) Chris Skidmore wrote to the Electoral Commission requesting Tower Hamlets Together's application for registration as a political party to be subject to a "forensic review".[58] On 23 February 2017, the Electoral Commission rejected the application for registration with the reason that the proposed party name would "likely to mislead voters as to the effect of their vote",[59] as the name is the same as that of a partnership of local health and social care organisations.[60] A second attempt to form a new political party in January 2018 with the name of Aspire was successful.[61][62] Members of this new party on the council consisted of the nine remaining members of the Independent Group plus Mohammed Mufti Miah who had left the group and sat as an independent for a time.[63] People's Alliance of Tower Hamlets was itself registered as a political party in February 2018,[64] with members on the council consisted of the five members who sat together before the party's registration and Abjol Miah who sat as an independent after leaving the Independent Group.[63]

In response to the Metropolitan Police decision not to bring charges against Lutfur Rahman, Chair of the London Assembly Police and Crime Committee Steve O'Connell made a formal request to Deputy Mayor for Policing and Crime Sophie Linden for an investigation by Her Majesty's Inspectorate of Constabulary on the Metropolitan Police activities surrounding the 2014 mayoral election,[65][66] a request Linden granted.[67] The Metropolitan Police subsequently announced a fresh investigation into alleged electoral fraud in the London Borough of Tower Hamlets.[68]

See also edit

Notes and references edit

Notes edit

  1. ^ Voting for the 3 Blackwall and Cubitt Town ward seats were postponed to 3 July 2014 due to the death of one of the candidates.[4]

Case citations edit

  1. ^ [2005] EWHC 417 (QB) at para. 53
  2. ^ [2006] EWHC 262 (QB) at para. 50

References edit

  1. ^ EWHC 1215 (QB) (2015) ¶ 249
  2. ^ EWHC 1215 (QB) (2015) ¶ 9
  3. ^ RoPA (1983) s. 128
  4. ^ RoPA (1983) s. 129
  5. ^ a b RoPA (1983) s. 173
  6. ^ RoPA (1983) s. 159
  7. ^ RoPA (1983) s. 160
  8. ^ Law Commission ¶ 1.19
  9. ^ EWHC 1215 (QB) (2015) ¶ 39–41
  10. ^ Law Commission ¶ 1.21 & 1.22
  11. ^ Law Commission ¶ 1.24
  12. ^ EWHC 1215 (QB) (2015) ¶ 46
  13. ^ EWHC 1215 (QB) (2015) ¶ 49 & 50
  14. ^ EWHC 2766 (QB) (2014) ¶ 42
  15. ^ EWHC 2766 (QB) (2014) ¶ 48
  16. ^ EWHC 2766 (QB) (2014) ¶ 4
  17. ^ EWHC 2766 (QB) (2014) ¶ 27 & 29
  18. ^ EWHC 2766 (QB) (2014) ¶ 7
  19. ^ EWHC 2767 (QB) (2014) ¶ 4
  20. ^ RoPA (1983) s. 130
  21. ^ EWHC 2767 (QB) (2014) ¶ 16
  22. ^ EWHC 1215 (QB) (2015) ¶ 13
  23. ^ EWHC 1215 (QB) (2015) ¶ 302–304
  24. ^ EWHC 1215 (QB) (2015) ¶ 285–288 & 292
  25. ^ EWHC 1215 (QB) (2015) ¶ 306
  26. ^ EWHC 1215 (QB) (2015) ¶ 334
  27. ^ a b EWHC 1215 (QB) (2015) ¶ 337
  28. ^ EWHC 1215 (QB) (2015) ¶ 339
  29. ^ EWHC 1215 (QB) (2015) ¶ 357–359
  30. ^ EWHC 1215 (QB) (2015) ¶ 366 & 367
  31. ^ EWHC 1215 (QB) (2015) ¶ 371–373
  32. ^ EWHC 1215 (QB) (2015) ¶ 375 & 376
  33. ^ EWHC 1215 (QB) (2015) ¶ 144 & 145
  34. ^ EWHC 1215 (QB) (2015) ¶ 146
  35. ^ EWHC 1215 (QB) (2015) ¶ 672 & 673
  36. ^ EWHC 1215 (QB) (2015) ¶ 677
  37. ^ EWHC 1215 (QB) (2015) ¶ 676
  38. ^ EWHC 1215 (QB) (2015) ¶ 678
  39. ^ EWHC 1215 (QB) (2015) ¶ 275
  40. ^ EWHC 1215 (QB) (2015) ¶ 273
  41. ^ EWHC 2370 (QB) (2015) ¶ 3
  42. ^ a b EWHC 2370 (QB) (2015) ¶ 5 & 6
  43. ^ a b c EWHC 2370 (QB) (2015) ¶ 7
  44. ^ a b EWHC 2370 (QB) (2015) ¶ 2
  45. ^ EWHC 111 (Ch) (2016) ¶ 4
  46. ^ EWHC 111 (Ch) (2016) ¶ 21
  47. ^ EWHC 111 (Ch) (2016) ¶ 83
  48. ^ EWHC 111 (Ch) (2016) ¶ 68
  49. ^ EWHC 111 (Ch) (2016) ¶ 67
  50. ^ EWHC 111 (Ch) (2016) ¶ 75
  51. ^ EWHC 111 (Ch) (2016) ¶ 82
  52. ^ EWHC 3169 (Admin) (2010) ¶ 15
  53. ^ Matrix Chambers ¶ 3
  54. ^ Matrix Chambers ¶ 8 & 29
  55. ^ Matrix Chambers ¶ 30
  56. ^ a b EWHC 1413 (Admin) (2017) ¶ 10
  57. ^ a b EWHC 1413 (Admin) (2017) ¶ 31
  58. ^ EWHC 1413 (Admin) (2017) ¶ 32
  59. ^ EWHC 1413 (Admin) (2017) ¶ 64
  60. ^ EWHC 1413 (Admin) (2017) ¶ 56
  61. ^ EWHC 1413 (Admin) (2017) ¶ 71
  62. ^ EWHC 1413 (Admin) (2017) ¶ 87
  63. ^ EWHC 1413 (Admin) (2017) ¶ 78
  64. ^ EWHC 1413 (Admin) (2017) ¶ 80

Bibliography edit

General
Specific
  1. ^ "Lutfur Rahman wins Tower Hamlets mayoral election". BBC News. 22 October 2010. Retrieved 27 April 2015.
  2. ^ a b "Election results for Tower Hamlets Mayoral Election - Thursday, 22nd May, 2014". Tower Hamlets Council. Retrieved 27 April 2015.[permanent dead link]
  3. ^ a b Steel & Shamash (10 June 2014). "Petition No: M/350/14" (PDF). Tower Hamlets Election Petition. Archived from the original (PDF) on 4 April 2016. Retrieved 27 April 2015.
  4. ^ a b "Election results for Blackwall & Cubitt Town". Tower Hamlets Council. 22 May 2014. Retrieved 29 January 2016.
  5. ^ "Lutfur Rahman wins Tower Hamlets mayoral election". BBC News. 24 April 2014. Retrieved 27 April 2015.
  6. ^ Crail, Alison. "[2014] WLR (D) 374". The Incorporated Council of Law Reporting for England and Wales. Archived from the original on 5 March 2016. Retrieved 29 April 2015.
  7. ^ Crail, Alison. "[2014] WLR (D) 375". The Incorporated Council of Law Reporting for England and Wales. Archived from the original on 5 March 2016. Retrieved 29 April 2015.
  8. ^ Syal, Rajeev (14 January 2015). "Tower Hamlets mayor Lutfur Rahman faces election fraud claims". The Guardian. Retrieved 29 April 2015.
  9. ^ Brooke, Mike (23 April 2015). "Tower Hamlets election officer cleared in corruption case against Lutfur Rahman". The Docklands & East London Advertiser. Retrieved 30 January 2016.
  10. ^ "Election results for Weavers". Tower Hamlets Council. 22 May 2014. Retrieved 21 March 2017.
  11. ^ "Election results for Whitechapel". Tower Hamlets Council. 22 May 2014. Retrieved 21 March 2017.
  12. ^ "Election results for Bromley North". Tower Hamlets Council. 22 May 2014. Retrieved 21 March 2017.
  13. ^ "Election results for St Peter's". Tower Hamlets Council. 22 May 2014. Retrieved 21 March 2017.
  14. ^ Fraser, Giles (29 April 2015). "The Lutfur Rahman verdict and the spectre of 'undue spiritual influence'". The Guardian. Retrieved 28 May 2022.
  15. ^ "Erlam & Anor v Rahman & Anor [2015] EWHC 1215 (QB) (23 April 2015)". www.bailii.org. Retrieved 15 May 2022.
  16. ^ "Lutfur Rahman". solicitors.lawsociety.org.uk. The Law Society. Archived from the original on 20 December 2017. Retrieved 21 March 2017.
  17. ^ a b "Lutfur Rahman to face Solicitors Disciplinary Tribunal". Solicitors Journal. ARK Conferences Ltd. 22 February 2016. Retrieved 20 March 2017.
  18. ^ a b Syal, Rajeev (28 April 2015). "Ex-Tower Hamlets mayor to challenge charges of corrupt and illegal practices". The Guardian. Retrieved 31 January 2016.
  19. ^ Broadbent, Giles (28 April 2015). "Former Tower Hamlets mayor to appeal against ruling that forced him out of office". The Wharf. Retrieved 31 January 2016.
  20. ^ a b Whitehead, Tom (23 April 2015). "Tower Hamlets mayor Lutfur Rahman guilty of corrupt and illegal practices over election". The Daily Telegraph. Retrieved 4 February 2016.
  21. ^ Drury, James (23 April 2015). "Tower Hamlets Mayor Lutfur Rahman Guilty Of Election Offences". Londonist. Retrieved 4 February 2016.
  22. ^ a b "Statement on election petition verdict". Tower Hamlets Council. 24 April 2015. Retrieved 4 February 2016.[permanent dead link]
  23. ^ a b c Johnstone, Richard (23 April 2015). "Rahman removed as Tower Hamlets mayor". Public Finance. Chartered Institute of Public Finance and Accountancy. Redactive Publishing Ltd. Retrieved 20 March 2017.
  24. ^ "Media statement on removal of Tower Hamlets First from the Electoral Commission's register of political parties". Electoral Commission. 29 April 2015. Retrieved 29 January 2016.
  25. ^ Brooke, Mike (29 April 2015). "Rahman's 'Tower Hamlets First' is removed from Electoral Commission's party register". East London Advertiser. Archived from the original on 3 March 2016. Retrieved 29 January 2016.
  26. ^ Grafton-Green, Patrick (28 October 2016). "Tower Hamlets: Close ally of corrupt former Mayor Lutfur Rahman jailed for fraud". Evening Standard. Retrieved 26 June 2017.
  27. ^ "Mayor and Councillors by Party". Tower Hamlets Council. Archived from the original on 7 March 2017. Retrieved 26 June 2017.
  28. ^ Bowcott, Owen (6 April 2017). "Judge disciplined over speech saying racism 'alive and well' in judiciary". The Guardian. Retrieved 26 June 2017.
  29. ^ "Election results for Stepney Green - 11th June 2015". Tower Hamlets Council. Retrieved 30 January 2016.[permanent dead link]
  30. ^ a b "Election results for Tower Hamlets Mayoral Election - 11th June 2015". Tower Hamlets Council. Retrieved 30 January 2016.[permanent dead link]
  31. ^ "Election results for Shadwell - 22 May 2014". Tower Hamlets Council. Retrieved 30 January 2016.[permanent dead link]
  32. ^ Brooke, Mike (1 May 2015). "Rabina Khan takes on fight for sacked mayor Rahman for Tower Hamlets re-run election". The Docklands & East London Advertiser. Archived from the original on 23 September 2015. Retrieved 30 January 2016.
  33. ^ a b Mawrey, Richard (27 April 2015). "Order" (PDF). Retrieved 1 February 2016.
  34. ^ Farmer, Brian (7 July 2015). "Former Tower Hamlets mayor Lutfur Rahman has assets frozen by High Court judge". The Independent. Retrieved 1 February 2016.
  35. ^ a b Mann, Sebastian (7 July 2015). "Disgraced ex-Tower Hamlets mayor Lutfur Rahman has £350k in assets frozen". London Evening Standard. Retrieved 1 February 2016.
  36. ^ Bishop, Rachel (30 September 2015). "Lutfur Rahman back at High Court this December". The Wharf. Retrieved 3 February 2016.
  37. ^ Bishop, Rachel (20 November 2015). "Lutfur Rahman declared bankrupt". The Wharf. Retrieved 3 February 2016.
  38. ^ "Report Requested For : MOHAMMED LUTFUR RAHMAN". Individual Insolvency Register. The Insolvency Service. Retrieved 3 February 2016.[permanent dead link]
  39. ^ Bishop, Rachel (1 December 2015). "Will Lutfur Rahman be made to pay court costs by High Court?". The Wharf. Retrieved 3 February 2016.
  40. ^ Bishop, Rachel (2 December 2015). "Lutfur Rahman's wife says he has 'brought shame to her and her children'". The Wharf. Retrieved 3 February 2016.
  41. ^ Barnett, Adam (29 January 2016). "Lutfur Rahman: Disgraced former Tower Hamlet mayor 'misled' mortgage companies, says judge". The Independent. Retrieved 3 February 2016.
  42. ^ Turner, Camilla (29 January 2016). "Lutfur Rahman: Judge accuses disgraced former mayor of mortgage fraud and tax evasion". The Daily Telegraph. Retrieved 3 February 2016.
  43. ^ a b Bishop, Rachel (29 January 2016). "High Court rejects claims Lutfur Rahman's wife had financial interest in his property". The Wharf. Retrieved 3 February 2016.
  44. ^ a b Allen-Kinross, Pippa (22 June 2017). "Ex-mayor of Tower Hamlets Lutfur Rahman loses appeal against election ban". The Wharf. Retrieved 25 June 2017.
  45. ^ Cheston, Paul (26 January 2016). "Disgraced ex-mayor Lutfur Rahman launches High Court challenge over corruption ruling". London Evening Standard. Retrieved 30 January 2016.
  46. ^ a b "Lutfur Rahman: Corrupt ex-mayor fails to appeal banning order". BBC News. 26 January 2016. Retrieved 30 January 2016.
  47. ^ Brooke, Mike (30 January 2016). "Bankrupt Tower Hamlets ex-Mayor Lutfur Rahman fails to cut High Court ban from office". The Docklands & East London Advertiser. Retrieved 31 January 2016.
  48. ^ Crerar, Pippa (7 February 2017). "Disgraced Lutfur Rahman fights to remove ban on standing in elections". Evening Standard. Retrieved 20 March 2017.
  49. ^ "Solicitors Disciplinary Tribunal to hear case against ex-mayor of Tower Hamlets next week". localgovernmentlawyer.co.uk. Local Government Lawyer. 28 February 2017. Retrieved 20 March 2017.
  50. ^ "Former mayor secures adjournment to Solicitors Disciplinary Tribunal hearing". localgovernmentlawyer.co.uk. Local Government Lawyer. 8 March 2017. Retrieved 20 March 2017.
  51. ^ Hyde, John (7 March 2017). "Former mayor's tribunal case adjourned pending judicial review". Law Society Gazette. The Law Society. Archived from the original on 7 March 2017. Retrieved 20 March 2017.
  52. ^ Walters, Max (18 December 2017). "Former mayor fails with 11th hour tribunal adjournment bid". Law Society Gazette. The Law Society. Archived from the original on 22 December 2017. Retrieved 18 December 2017.
  53. ^ Walters, Max (20 December 2017). "£86,000 costs as tribunal strikes off former mayor". Law Society Gazette. The Law Society. Archived from the original on 22 December 2017. Retrieved 20 December 2017.
  54. ^ "Judge's election comments 'put reputation of judiciary at risk'". Law Society Gazette. The Law Society. 6 April 2017. Retrieved 26 June 2017.
  55. ^ a b Taylor, Diane (14 March 2016). "Judge sues Ministry of Justice for race discrimination". The Guardian. Retrieved 26 June 2017.
  56. ^ Herbert, Peter; Taylor, Diane (2 July 2021). "Retired judge Peter Herbert settles race claim against judiciary". The Guardian. Retrieved 18 February 2023.
  57. ^ "Lutfur Rahman: Disgraced ex-mayor 'trying to form new party'". BBC News. 3 February 2017. Retrieved 26 June 2017.
  58. ^ Broadbent, Giles (7 February 2017). "Why Rahman's return sends shivers down minister's spine". The Wharf. Retrieved 26 June 2017.
  59. ^ "Decisions on party registration applications made in 2017" (PDF). The Electoral Commission. p. 26. Retrieved 26 June 2017.
  60. ^ Broadbent, Giles (23 February 2017). "Setback in Lutfur Rahman's attempt to return to party politics". The Wharf. Retrieved 26 June 2017.
  61. ^ "View registration – The Electoral Commission – Aspire". The Electoral Commission. Retrieved 5 May 2018.
  62. ^ Brooke, Mike (28 February 2018). "Labour facing 2nd Tower Hamlets opposition group now recognised by Electoral Commission as 'Aspire' party". The Docklands & East London Advertiser. Archived from the original on 2 March 2018. Retrieved 5 May 2018.
  63. ^ a b "Mayor and Councillors by Party". Tower Hamlets Council. Archived from the original on 4 May 2018. Retrieved 5 May 2018.
  64. ^ "View registration – The Electoral Commission – People's Alliance of Tower Hamlets". search.electoralcommission.org.uk. The Electoral Commission. Retrieved 5 May 2018.
  65. ^ "Met police accused of 'major failings' over Tower Hamlets mayor". The Guardian. Press Association. 10 March 2017. Retrieved 20 March 2017.
  66. ^ Baynes, Mark (10 March 2017). "GLA asks for HMIC inquiry into Met's failure to investigate Rahman". Love Wapping. Archived from the original on 11 March 2017. Retrieved 20 March 2017.{{cite web}}: CS1 maint: unfit URL (link)
  67. ^ "Met Police face inquiry over Tower Hamlets election fraud". BBC News. 21 March 2017. Retrieved 22 March 2017.
  68. ^ "New Tower Hamlets electoral fraud probe launched". BBC News. 26 April 2017. Retrieved 27 June 2017.

External links edit

Retrieved from "https://en.wikipedia.org/w/index.php?title=Erlam_v_Rahman&oldid=1214622434"