New members can vote in Labour leadership race, court rules in boost to Corbyn

The High Court ruled on Monday that Labour party executives were unlawful in barring 130,000 new members from voting in the upcoming leadership contest.

A Labour’s National Executive Committee (NEC) ruled in July that members who have joined the party since 12 January could not vote in the contest. People who joined after could only vote if they had paid a £25 fee to become a registered supporter, or if they were voting through an affiliated trade union.

Justice Hickinbottom said the Labour NEC did not have the powers to restrict the voting rights of members and it would be “unlawful as in breach of contract”.

He added: "This case was always based primarily on the Labour party's constitution as set out in the rule book."

Labour has until Tuesday to appeal the decision.

The judge ordered the party to pay £25 to three out of the five defendants who bought the case to court and suggested the party might have to refund part of the £4.6m raised from registered supporters.

The ruling by the High Court is thought to benefit left wing incumbent Jeremy Corbyn, as a large amount of those who had joined the party in recent months are believed to be his supporters.

Stephen Cragg QC, representing the five defendants said: “They paid their dues and found to their surprise they had been excluded from the present election.

“We say they have been wrongly excluded by breach of contract from the right to vote. We say there is nothing in the Labour party rule book that suggests a limit on the members who can take part in the leadership election.”

Labour’s counsel, Peter Oldham QC, said the party had a “specific power” to impose a freeze date as part of drawing up an election timetable and the rules allowed the NEC to determine who was eligible to vote in the ballot.

Corbyn was challenged by former shadow work and pensions secretary Owen Smith for leadership of the party, only nine months after he was first elected leader. A decision will be made at the party conference on 24 September.

Smith, in response to the ruling, said that the leadership contest should be extended.

“The Labour party is the greatest agent for social change this country has ever known and I have always welcomed growth of our party and wider movement. Now many more members will have the chance to vote in the leadership election, 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.”

Corbyn previously won another court ruling allowing him to be on the leadership ballot after being challenged by a donor that he would need nominations from MPs and MEPs to stand in the contest.

Corbyn lost a vote of no-confidence in June from the parliamentary Labour party and received several resignations from his shadow cabinet, and would have struggled to gain nominations.