Court Case: Labour to fight legal bid for new election

Liberal Democrat Elwyn Watkins failed by 103 votes – after two recounts – to eject ex-Minister Phil Woolas from the Oldham East and Saddleworth seat in the May 6 General Election.

But he claims the result was swayed by attacks on him in Labour

leaflets over foreign donations, support from Muslim extremists and "vote fixing".

Mr Watkins has now invoked a rarely-used electoral law in an attempt to persuade the courts the contest should be rerun.

Section 106 of the Representation of the People Act (1983) makes it an offence for anyone to publish "any false statement of fact in relation to the candidate's personal character or conduct" in an attempt to prevent them being elected "unless he can show that he had reasonable grounds for believing, and did believe, that statement to be true".

The Liberal Democrat said two particular publications contained "numerous misleading and erroneous claims regarding my personal character and reputation, and that of my campaign".

A High Court judge will make an initial consideration of the case in London on July 21 and it could then be referred to a specially-convened election court – probably held in Oldham.

If it upheld the complaint, the court would have the power to force a by-election.

However, Labour's election lawyer Gerald Shamash – of Steel and Shamash Solicitors – said he was confident the complaint would be dismissed.

"This Parliamentary election petition has been brought by a defeated candidate," he said.

"It will be robustly defended and we confidently predict that it will be dismissed by the court in due course."