Feeling the blues ACTING FOR THE CONSERVATIVES CAN BE BLUE MURDER FOR SOLICITORS, DISCOVERS NICOLA LAVER.

SPOOF CANDIDATES AND DEFENDING DEFAMATION CASES ARE BREAD AND BUTTER FOR THE PENNINGTONS TEAM In the 1983 general election, a man stood in the same constituency as the prime minister, changed his name to Margaret Thatcher, gave his address as Downing Street Mansions and appointed as his agent 'Ronald Reagan', who lived at White House Mansions.City firm Penningtons intervened on behalf of the real Mrs Thatcher, and this bizarre situation led to a judicial review of the returning officer's decision to reject his nomination paper as an obvious sham by the spoof candidate.Sue Dixon, a partner at City firm Penningtons, recalls being in court all day and did not leave until shortly before 10pm.

She says: 'The court decided that the returning officer had used his discretion appropriately, and that the nomination paper was an obvious sham on its face.

The spoof Margaret Thatcher turned up to court in a skirt and sporting a beard.'Penningtons has acted for the Conservatives for more than 100 years; it also counts playwright Oscar Wilde, actress Lillie Langtry and Edward VII among former clients.The current 'election team' consists of Sue Dixon and associate solicitor Sharon Spillane, who are also both commercial litigators.Spoof candidates are a common feature in general elections.

Ms Dixon recalls that she and Ms Spillane acted for a number of candidates before the 1997 general election, where spoof candidates were using the same name - or a similar name - to the Conservative candidate on the nomination papers, and calling themselves either the 'Conservative Party' candidate, the 'Conservatory' candidate or, in one case, the 'Official Conservative' candidate.Richard Price QC, who has worked with Penningtons' election team for many years, argued that the use of these misleading descriptions and changes of names were a fraudulent device, aimed at misleading the electorate in breach of the election rules.

This approach was accepted by the court, and injunctions were obtained in a number of cases.

Ms Spillane says: 'It was the link between the change of name, and that of another candidate, and the description of that candidate by spoof candidates, which enabled the court to agree that these were fraudulent devices.'On the other side of the fence, Penningtons acted for Tory candidate Giles Chichester, who was on the receiving end of an election petition at the 1994 European elections.

The Liberal Democrat candidate brought a petition, stating that another candidate had used a description close to his - 'Literal Democrat' - on the nomination paper and received more than 10,000 votes.

He claimed this must have been because the electorate were confused, and thought they were voting for him.The petition failed and the election of Mr Chichester stood.

The nomination paper was not considered to be an obvious sham, and it was decided that the 'Literal Democrat' used his own name and address, which were sufficient to identify him.In the run-up to the next election, Penningtons will be expecting to receive calls on anything from when election expenses begin to run and the completion of election returns, to what can be done when election material is distributed without the official mark.Ms Spillane has been involved in many applications for relief where candidates or their agents have breached the rules of elections.

In the lead-up to a local election, one agent may be acting for a number of candidates if there are numerous wards in a council constituency, so one small error can mean all those candidates need to apply for relief.

Ms Spillane recalls: 'I remember one application for relief where there were over 40 joint applicants, because an agent had made a small error on the election literature.'In the 1997 general election, Ms Dixon and Ms Spillane acted on the Winchester election petition for Gerald Malone, and obtained a High Court order that the election by two votes of Liberal Democrat Mark Oaten was void and that there should be a by-election.The returning officer breached the election rules - 55 ballot papers were issued to voters which did not bear the official mark, and therefore could not be counted.

Including them would have changed the result, so the court was obliged to order are-election.

However, the lawyers' fine effort was ruined whenMr Oaten won the re-contested election with a majority in excess of 20,000.Penningtons has acted on some interesting election petition cases over the years, where returning officers have miscounted the votes - and breached a number of election rules - by taking the ballot papers home and undertaking unofficial recounts.Ms Spillane says this is a serious breach of the rules by the returning officer or his agents.

A recount has to take place in the High Court, and as quickly as possible, so that the right candidate is declared.In addition to pure electoral matters, Penningtons' team also acts on organisational issues arising in Conservative constituency associations, such as defending associations when candidates are disappointed with the selection process.Ms Spillane's work extends to bringing and defending defamation cases which can arise in the buildup to an election, where candidates or their agents breach the election rules by publishing false statements of fact about another candidate.With election law being such a niche area of practice, experience is all-important.

Ms Spillane, who describes herself as apolitical, says: 'It is good that the solicitors acting for the political parties have had a lot of experience in election cases, and have been involved in many of the major cases upon which we rely.'It can be frustrating when a candidate either has solicitors who do not have experience in election cases, or they act in person, because this can lead to expectations and arguments which are often bound to fail.'Ms Dixon, who is 'interested in politics but not involved', adds: 'Penningtons has acted for the Conservative Party for more than a century, and has the history and understanding of election law.

We are experienced in how the party operates.

We have been involved in many of the cases in the past which affect the cases we are dealing with today.

We treat the Conservative Party as we would any other commercial client, but because we understand its history and this area of the law, the relationship works well.'While the party prepares for battle to try to regain its former strength, the 700 members of the Society of Conservative Lawyers are working behind the scenes to influence policies, and encourage young lawyers to join them.The cast of the society is impressive.

Chaired by Lord Carlisle of Bucklow, the president is Lord Hailsham, and the vice-president is Lord Mackay of Clashfern, both former lord chancellors.

Former Conservative prime minister Lord Douglas-Hume was patron for decades until his death.Its aims and objectives include supporting the Conservative Party, considering and promoting law reform, acting as a centre for discussion of Conservative ideas, and issuing publications.Dominic Grieve, an MP and barrister at 1 Temple Gardens, is a member of the executive committee and says: 'We regularly publish a pamphlet which covers a wide range of issues, reflecting the opinions of those members who write for it.'Regular 'speaking dinners' take place with major figures in the party, including party leader William Hague and Shadow Chancellor Michael Portillo.

The society also holds debates and, during the party conference, lunchtime events.Solicitor Richard Ottaway MP, and chairman of the executive committee, adds: 'To be a member you have to be a supporter of the broad aims and objectives of the Conservative Party.

It gives you the opportunity to mix with other lawyers of like-thinking persuasion.'Solicitor MP Nigel Waterson encourages young lawyers to join up.

He says: 'It gives a useful interface between politics and the law.

If you are a young lawyer who wants to be involved in politics it can be very useful.

It also has a long tradition of experience in writing policy.'For example, I introduced a private members' bill to make it an offence to conspire to commit terrorist acts abroad.

This was based on a paper written by Richard Ottaway years before.'Shailesh Vara is a solicitor at City firm CMS Cameron McKenna, the prospective parliamentary candidate for Northampton South, and the society's treasurer.

He has been touted by some top Tories as possibly Britain's first Asian prime minister.Despite the recent furore over John Townend's comments on immigration, he encourages those of an ethnic minority to join the society, emphasising that ethnic background is irrelevant.

'As far as I'm concerned, I'm British and Conservative and I seek to serve the people of Northampton South.'Shadow Attorney-General Edward Garnier QC MP adds: 'It is important that the Conservative Party has practising lawyers and academics who can give it their ideas and practical experience, especially since the House of Commons is very short of practising lawyers.'So, should any Conservative-minded young lawyers be fed up with all the late nights they have to work in the office, perhaps now is the time to consider swapping them for late nights in the House of Commons instead.l To join the Society of Conservative Lawyers (annual membership 15), contact Frances Bouchier, tel 020 894 03668.

E-mail: fbouchier@hotmail.comNicola Laver is a freelance journalist