Court of Disputed Returns - History

History

Prior to 1405, there was no codified process for resolving electoral disputes. Those disputes were resolved through what is described by authors Graeme Orr and George Williams as “custom, force and administrative action”. This meant that there were no real rules in place to determine how these disputes were resolved. The manner of resolving a dispute in one county might be totally different from another county, or may result in a different outcome even if the same procedure was followed.

The first laws to regulate elections in England were passed in the reign of Henry IV. This was through the law numbered "7 Henry IV ch 15" and called “The manner of the Election of Knights of the Shire for a Parliament”, made in 1405. The law came about due to the confusion caused when letters were purportedly issued disqualifying lawyers from voting or being elected. In 1429, a law was passed allowing the common law courts to become involved in the determination of these disputes. In the 16th century, it was commonly regarded that the Court of Chancery could determine electoral disputes, particularly as that court issued the various writs to the sheriff and compiled their returns on the election

During the reign of Elizabeth I, the election for Norfolk was disputed in 1586. The Court of Chancery investigated and decided to issue writs for a new election. However, the House of Commons set up its own committee which upheld the election. In 1604, during the reign of James I, a dispute arose as to the election of Sir Francis Goodwin for the seat of Buckinghamshire. The Court of Chancery investigated and determined that a new election should occur. However, the House of Commons established its own committee and found that Goodwin was validly elected. A compromise was made between the King and the House by holding a fresh election.

From the early 17th century, the resolution of disputed returns became accepted as being the prerogative of Parliament. The Court of Chancery then became the means of administering the election process, but Parliament became the arbiter of disputes.