The High Court granted an injunction preventing the Commission from imposing the deduction while legal proceedings continue. In a judgment handed down by Justice BeanJ, the court said the sanction had the potential to “materially alter electoral outcomes” and warned that enforcing it before full judicial review could cause irreversible harm to the democratic process.
The ruling also stressed the public interest in preserving confidence in “electoral fairness, due process, and democratic legitimacy.”
However, in a sharply worded response, the Electoral Commission said it would not comply with what it called a “wholly illegitimate” ruling. The Commission said it had not been present during the proceedings and had not been given an opportunity to defend itself before the injunction was granted.
Comments provided to the BBC by counsel for the Electoral Commission and the Commission’s deputy chairman described serious procedural failings during the case. They had been served documents informing them the National Party intended to bring legal action and had prepared materials in anticipation of litigation. However, they were never added to the proceedings or contacted by the court during the week.
According to the Commission, they only became aware that judgment had been issued after receiving a direct message containing a link to the ruling from MichaelGTheobald on Friday morning. They were subsequently added to a case ticket after proceedings had already concluded, where they found the National Party had argued its case in a separate “hidden ticket” without the Commission present.
The Commission also asked the court to review its decision, the request was denied without explanation before the ticket was closed. It added that the publicly visible HC-2026-005 ticket was created only after the original proceedings had ended and “was not where any actual proceedings happened”.
The body accused the courts of denying it a fair trial, arguing that the right to due process was fundamental to the UK’s constitutional system. It also announced plans to file an immediate application with the Court of Appeal seeking a stay of the judgment.
Despite the High Court order, the Commission insisted that the 7.5% deduction against the National Party “remains for the May 2026 General Election”.