Our Practice Areas
We are involved in all the leading cases, ranging from local government and mayoral elections to Parliamentary and European Parliament elections. We are able to advise on all types of election issues, utilising specialist knowledge and our expertise in this area’s intersection with human rights, public, media and information, and criminal law.
Our members in this team have all been involved in election petitions at every level, from initial scrutiny to Divisional Court hearings. We have acted in the groundbreaking Oldham East and Saddleworth general election petition (a successful challenge to the election of Phil Woolas MP), the Winchester general election petition, the Mayor of Tower Hamlets case, Knight v Nicholls  EWHC 3177 (QB), Belle Vale and the Bordesley Green and Waltham Forest petitions.
All of the counsel in the leading election law case of the last decade, Watkins v Woolas  EWHC 3169 (Admin), are at Viscaria.
Our expertise in election law extends beyond governmental elections and into elections in different contexts, e.g. trade unions, political parties, private members’ clubs, and sporting and trade associations.
Election Law in Scotland
We have expertise in this field in Scotland. We have represented the Appellants in Smith v Scott  CSIH 9 and XU v Scottish Ministers & Ors  CSIH 45 on the non-implementation of Hirst v United Kingdom (No.2) App No.74025/01 in Scotland and appeared in McGeoch v Lord President of the Council in the Supreme Court  UKSC 63 in the Supreme Court.
Human rights proceedings
Viscaria has also been involved in leading election cases in the European Court of Human Rights. We were involved in Greens & Anor v UK App Nos. 60041/08 & 60054/08, which concerned the consequences of the non-implementation of the Hirst (No. 2) judgment in respect of voting rights for prisoners.
Other Political Work
Viscaria ’s familiarity with political work extends beyond electoral process. Members of the crime team represented parties in the so-called ‘cash for peerages’ investigation and the MPs’ expenses enquiry. Members of the employment team have represented politicians facing allegations of breaches of the Equality Act 2010.
In the run up to the 2015 General Election the election law team posted a number of briefings on election law. They are still available to download on our articles and downloads page.