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Labour leadership: Legal action against Corbyn ballot vote Labour leadership: Legal action against Corbyn ballot vote
(about 1 hour later)
A legal challenge to Jeremy Corbyn's right to automatically stand in the Labour leadership contest is being heard.A legal challenge to Jeremy Corbyn's right to automatically stand in the Labour leadership contest is being heard.
Donor and former candidate Michael Foster is contesting Labour's decision to allow Mr Corbyn onto the ballot paper without him having to secure nominations from 50 other MPs and MEPs. Donor and former candidate Michael Foster is contesting Labour's decision to allow Mr Corbyn on to the ballot paper without having to secure nominations from 50 other MPs and MEPs.
Labour's National Executive Committee backed the move by 18 to 14 votes.Labour's National Executive Committee backed the move by 18 to 14 votes.
Mr Corbyn is taking on former work and pensions spokesman Owen Smith.Mr Corbyn is taking on former work and pensions spokesman Owen Smith.
As a challenger, Mr Smith had to win the backing of 20% of Labour's MPs and MEPs to be eligible to stand - a hurdle he overcame easily.As a challenger, Mr Smith had to win the backing of 20% of Labour's MPs and MEPs to be eligible to stand - a hurdle he overcame easily.
But the NEC's decision that, as an incumbent, Mr Corbyn did not have to adhere to the same requirements has proved to be controversial. But the NEC's decision that, as the incumbent, Mr Corbyn did not have to adhere to the same requirements has proved controversial.
The NEC backed Mr Corbyn's automatic inclusion following a highly-charged meeting earlier this month. Labour's ruling body, of which Mr Corbyn is a member, is reported to have taken a range of legal advice before making its decision. The NEC backed Mr Corbyn's automatic inclusion following a highly charged meeting earlier this month. Labour's ruling body, of which Mr Corbyn is a member, is reported to have taken a range of legal opinions before making its decision.
Mr Foster, who unsuccessfully stood in the seat of Camborne and Redruth at the last general election, has expressed concerns about "apparent manipulation" of the party's rules and questioned whether the legal advice was given proper consideration.Mr Foster, who unsuccessfully stood in the seat of Camborne and Redruth at the last general election, has expressed concerns about "apparent manipulation" of the party's rules and questioned whether the legal advice was given proper consideration.
But deputy Labour leader Tom Watson, who also participated in the NEC meeting, has said its decision must be respected and the legal challenge is "very unhelpful". 'Unhelpful'
A judge is hearing arguments in the case in central London, although it is unclear when a ruling is expected. Lawyers for Mr Foster told the High Court on Tuesday that Labour and Mr Corbyn made a "very problematic interpretation" of the party's rules.
Gavin Millar QC said there was no concept of "incumbent" or "incumbency" in the party rules.
"There is no distinction in the rules between the leader candidate to be automatically on the ballot paper or the challenger candidate," he said.
Mr Millar said: "There's nothing whatsoever unfair to a leader to expect him or her to gather or have a minimum level of support in the combined group [of Labour MPs and MEPs] if the leader wants to stand again in the teeth of the challenge.
"It goes with the job description to maintain that minimum level of support in the PLP (Parliamentary Labour Party)."
The hearing is expected to last all day, with a ruling on a later date.
Mark Henderson, appearing for the Labour NEC, said precedent suggested courts were wary of intervening in voluntary unincorporated associations such as the Labour Party except where their rules have "incoherence".
He said the leadership rules should not be construed "according to grammatical niceties" but as ordinary members of the party would understand them.
Voting rights
Deputy Labour leader Tom Watson, who was a participant in the NEC meeting, has said its decision must be respected and the legal challenge is "very unhelpful".
The outcome of the leadership election is due to be announced on 24 September.The outcome of the leadership election is due to be announced on 24 September.
It emerged on Monday that Labour is facing legal action from people who joined the party since the EU referendum after the NEC decided only those who signed up on or before 12 January could automatically vote. It emerged on Monday that Labour is facing legal action from people who have joined the party since the EU referendum after the NEC decided that only those who signed up on or before 12 January could automatically vote.
Solicitors Harrison Grant said they had issued proceedings against the Labour Party "on behalf of a number of new members who have been denied the opportunity to vote in the forthcoming leadership election".Solicitors Harrison Grant said they had issued proceedings against the Labour Party "on behalf of a number of new members who have been denied the opportunity to vote in the forthcoming leadership election".
More recent joiners were given the opportunity to vote by becoming registered supporters at a cost of £25 each. More-recent joiners were given the opportunity to vote by becoming registered supporters at a cost of £25 each.