Boost for Corbyn as judge gives 130,000 new Labour members right to vote

FIVE new members of the Labour Party have won a High Court battle over their legal right to vote in the forthcoming leadership election.
Christine Evangelou outside the Royal Courts of JusticeChristine Evangelou outside the Royal Courts of Justice
Christine Evangelou outside the Royal Courts of Justice

The five accused the party’s National Executive Committee (NEC) of unlawfully “freezing” them and many others out of the high-profile contest between Jeremy Corbyn and Owen Smith even though they had “paid their dues”.

The NEC decided that full members would not be able to vote if they had not had at least six months’ continuous membership up to July 12 - the “freeze date”.

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To gain the right to vote, members were given a window of opportunity, between July 18 and 20, to become “registered supporters” on payment of an additional fee of £25. Non-members were given the same opportunity.

Jeremy Corbyn and Owen Smith at the first Labour Leadership debate last weekJeremy Corbyn and Owen Smith at the first Labour Leadership debate last week
Jeremy Corbyn and Owen Smith at the first Labour Leadership debate last week

But Mr Justice Hickinbottom, sitting in London, ruled that refusing the five the vote “would be unlawful as in breach of contract”.

The court action affects almost 130,000 Labour supporters who are victims of the freeze.

The five who won the legal challenge are Christine Evangelou, Rev Edward Leir, Hannah Fordham, Chris Granger and “FM”, a new member aged under 18.

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The judge said at the time each of the five 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”.

Jeremy Corbyn and Owen Smith at the first Labour Leadership debate last weekJeremy Corbyn and Owen Smith at the first Labour Leadership debate last week
Jeremy Corbyn and Owen Smith at the first Labour Leadership debate last week

The judge added that that was the basis upon which each claimant joined the party, and the basis of their contract with it.

The judge overturned the requirement that they must have been party members since January 12 - that, is at least six months’ continuous membership up to July 12 - the “freeze date”.

He declared: “For the party to refuse to allow the claimants to vote in the current leadership election, because they have not been members since 12 January 2016, would be unlawful as in breach of contract.”

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The Labour Party was given permission to appeal to the Court of Appeal.

It is understood that the appeal could be heard later this week.

Kate Harrison, solicitor for the claimants, said in a statement: “This case was about the right to vote under the Labour Party constitution, under which all members are equal and valued.

“This is a good day for democracy, a good day for my clients who are proud to be members of the party that stands for social justice, and a good day for the Labour Party.

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“It is particularly important for young Labour Party members that the party constitution allows them to vote.”

She added: “This case is not about who the members might vote for. It is about the equal right of all members to be heard in the leadership election process.

“I am sure the Labour Party is proud to have members who fight for the right to vote, and internal election processes that are thoroughly democratic and have helped to attract a membership that now stands at approximately 500,000.”

Mr Leir said afterwards: “This case was always about fairness and inclusion.

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“The Labour Party has seen the greatest surge in membership of any party in decades, with people joining to support a process of change in this country - a change that is desperately needed both politically and economically.

“I am deeply grateful for the support of so many: the donations of over 1,700 people to support the substantial costs in taking this action for democracy.”

A Labour spokesman said: “It is right that the Labour Party seeks to defend vigorously decisions of the National Executive Committee in this matter, and we will now study this judgment carefully.”

Ms Evangelou, 41, a fitness instructor from Enfield, north London, was among the five who won the legal challenge on Monday.

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She said when the case first came to court: “I am disgusted that they are trying to take my vote away, and the votes of people like me.”

The single mother has been a Labour voter all her life, but only recently joined the Labour Party because she wishes to support Mr Corbyn and his “Labour values”.

Ms Evangelou said she believed most of the new members wanted to help Mr Corbyn “take the party back to its roots.”

Dr Stuart Thomson, head of public affairs at legal firm Bircham Dyson Bell, said: “The Labour leadership election is turning into a farce.

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“The legal fights over the supposed party rules are overshadowing the policy discussions that are starting to take place.

“Whereas the Conservative Party came to a swift resolution over its leader and can now get on with the job of running the country and shaping Brexit, the Labour Party is looking inwards and is still arguing amongst itself.”

Mick Whelan, leader of the train drivers’ union Aslef, which is affiliated to Labour, 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, was wrong in principle and wrong in law.

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“We believe in democracy in this country and it is right that people who are members of the Labour party, and not in breach of the party’s rules, should have the right to participate fully in the discussions, debates, and elections of the party.

“That includes the right to elect the leader of the Labour party, who some in the parliamentary party are doing their best to undermine.”