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| Labour to appeal against high court leadership ballot decision | Labour to appeal against high court leadership ballot decision |
| (35 minutes later) | |
| Labour’s ruling national executive committee (NEC) has announced that it will appeal against a high court decision allowing 130,000 new members to vote in the party’s leadership contest, as challenger Owen Smith called for the voting deadline to be extended. | Labour’s ruling national executive committee (NEC) has announced that it will appeal against a high court decision allowing 130,000 new members to vote in the party’s leadership contest, as challenger Owen Smith called for the voting deadline to be extended. |
| A high court judge ruled on Monday morning that the party’s governing body had illegally barred 130,000 people who recently became party members from voting in the leadership election. | A high court judge ruled on Monday morning that the party’s governing body had illegally barred 130,000 people who recently became party members from voting in the leadership election. |
| In a statement, Labour said it would fight the decision: “The procedures committee of the NEC has decided that the Labour party will appeal this ruling in order to defend the NEC’s right, as Labour’s governing body, to uphold the rule book, including the use of freeze dates.” | In a statement, Labour said it would fight the decision: “The procedures committee of the NEC has decided that the Labour party will appeal this ruling in order to defend the NEC’s right, as Labour’s governing body, to uphold the rule book, including the use of freeze dates.” |
| Close allies of Jeremy Corbyn, whose supporters are thought to make up the majority of the new members, had urged the NEC to drop the issue, with the shadow chancellor, John McDonnell, tweeting: “We are appalled by possibility of an unnecessary & costly appeal. It’s unacceptable to use members’ money to stop members from voting,” | Close allies of Jeremy Corbyn, whose supporters are thought to make up the majority of the new members, had urged the NEC to drop the issue, with the shadow chancellor, John McDonnell, tweeting: “We are appalled by possibility of an unnecessary & costly appeal. It’s unacceptable to use members’ money to stop members from voting,” |
| Smith had earlier said he would like to see the contest extended, to allow new members time to engage with the candidates, who will face each other in a second public hustings in Gateshead on Thursday. | Smith had earlier said he would like to see the contest extended, to allow new members time to engage with the candidates, who will face each other in a second public hustings in Gateshead on Thursday. |
| “I am today calling for an extension of the timetable so that all members have the opportunity to engage with Jeremy and me before making their choice,” he said, in response to the high court judgment. | “I am today calling for an extension of the timetable so that all members have the opportunity to engage with Jeremy and me before making their choice,” he said, in response to the high court judgment. |
| The decision by the party’s NEC that only members who joined before 12 January were eligible had been challenged by five people who were excluded as a result. | The decision by the party’s NEC that only members who joined before 12 January were eligible had been challenged by five people who were excluded as a result. |
| A barrister representing the group has accused the NEC of unlawfully freezing them and many others out of the contest between Corbyn and Smith. | A barrister representing the group has accused the NEC of unlawfully freezing them and many others out of the contest between Corbyn and Smith. |
| A decision to allow the excluded members to vote was seen as more likely to benefit the incumbent, Corbyn, in the increasingly bad-tempered leadership race. | A decision to allow the excluded members to vote was seen as more likely to benefit the incumbent, Corbyn, in the increasingly bad-tempered leadership race. |
| The cutoff date for members was decided at the end of a long and fractious NEC meeting last month. Corbyn had already left to greet supporters outside, having clinched the vote to allow him on to the ballot paper without gathering nominations from MPs. | The cutoff date for members was decided at the end of a long and fractious NEC meeting last month. Corbyn had already left to greet supporters outside, having clinched the vote to allow him on to the ballot paper without gathering nominations from MPs. |
| Both Corbyn’s supporters and his opponents had been actively recruiting party members in recent months, helping Labour’s membership rise to more than 500,000 – higher than the peak under Tony Blair. | Both Corbyn’s supporters and his opponents had been actively recruiting party members in recent months, helping Labour’s membership rise to more than 500,000 – higher than the peak under Tony Blair. |
| But the NEC’s decision – which Corbyn supporters claimed was made after some members had to leave the meeting for personal reasons – would have disenfranchised about 130,000 recent recruits. | But the NEC’s decision – which Corbyn supporters claimed was made after some members had to leave the meeting for personal reasons – would have disenfranchised about 130,000 recent recruits. |
| It is unclear what proportion of these new members are likely to back the leader, but there is a widely held assumption on both sides of the battle that most were likely to be pro-Corbyn. | It is unclear what proportion of these new members are likely to back the leader, but there is a widely held assumption on both sides of the battle that most were likely to be pro-Corbyn. |
| On Monday, Mr Justice Hickinbottom ruled that the NEC was not within its rights to impose such a restriction. | On Monday, Mr Justice Hickinbottom ruled that the NEC was not within its rights to impose such a restriction. |
| In his written judgment, he said: “At the time each of the claimants joined the party, it was the common understanding as reflected in the rule book that, if they joined the party prior to the election process commencing, as new members they would be entitled to vote in any leadership contest. That was the basis upon which each claimant joined the party; and the basis upon which they entered into the contract between members. For those reasons the claimants’ claim succeeds.” | In his written judgment, he said: “At the time each of the claimants joined the party, it was the common understanding as reflected in the rule book that, if they joined the party prior to the election process commencing, as new members they would be entitled to vote in any leadership contest. That was the basis upon which each claimant joined the party; and the basis upon which they entered into the contract between members. For those reasons the claimants’ claim succeeds.” |
| He said that a refusal to allow them to vote was an unlawful breach of contract. | He said that a refusal to allow them to vote was an unlawful breach of contract. |
| The five members, whose legal fees were crowdfunded, had claimed that Labour’s rulebook made no provision for treating them differently and none had ever been made in any of the party’s previous leadership elections. | |
| They also argued that when they joined, the Labour website and other communications said they would be “a key part of the team”, and thus eligible to vote in any leadership election. | They also argued that when they joined, the Labour website and other communications said they would be “a key part of the team”, and thus eligible to vote in any leadership election. |
| When the NEC decided that only members who had joined before 12 January could vote, it also allowed newly registered supporters, a lesser category of member, to vote in the election at a cost of £25. | When the NEC decided that only members who had joined before 12 January could vote, it also allowed newly registered supporters, a lesser category of member, to vote in the election at a cost of £25. |
| Stephen Cragg QC, appearing for the five, asked Hickinbottom to declare that party rules had been misapplied and that the five are entitled to vote in the poll. | Stephen Cragg QC, appearing for the five, asked Hickinbottom to declare that party rules had been misapplied and that the five are entitled to vote in the poll. |
| Four named members challenged the decision: Christine Evangelou, the Rev Edward Leir, Hannah Fordham and Chris Granger. The fifth was named in the court papers only as FM because he is under 18. | Four named members challenged the decision: Christine Evangelou, the Rev Edward Leir, Hannah Fordham and Chris Granger. The fifth was named in the court papers only as FM because he is under 18. |
| The judge has ordered the NEC to repay three of the claimants’ £25 fee, which they had paid on top of their membership dues in order to vote in the contest. | The judge has ordered the NEC to repay three of the claimants’ £25 fee, which they had paid on top of their membership dues in order to vote in the contest. |
| Mick Whelan, the general secretary of the Aslef union, said: “This is a victory for democracy, and a victory for common sense. The judge could see that the decision not to allow these five members – and the tens of thousands on whose behalf they brought this action – [a vote] was wrong in principle and wrong in law.” | Mick Whelan, the general secretary of the Aslef union, said: “This is a victory for democracy, and a victory for common sense. The judge could see that the decision not to allow these five members – and the tens of thousands on whose behalf they brought this action – [a vote] was wrong in principle and wrong in law.” |
| Hickinbottom granted the NEC leave to appeal, although he said he was doing so reluctantly. | Hickinbottom granted the NEC leave to appeal, although he said he was doing so reluctantly. |
| “I have taken the firm decision that the rules do not give NEC the power to restrict the voting rights of members as it purported to do,” he said. “I am not sure I am convinced that the contrary is arguable.” | “I have taken the firm decision that the rules do not give NEC the power to restrict the voting rights of members as it purported to do,” he said. “I am not sure I am convinced that the contrary is arguable.” |
| He said the court of appeal would hear a case on Thursday if such an appeal is lodged on time. | He said the court of appeal would hear a case on Thursday if such an appeal is lodged on time. |