Leader likely to get chance to collect 51 nominations if challenge against decision to automatically put him on ballot wins

This article is more than 4 years old

This article is more than 4 years old

Labour is likely to reopen nominations for its leadership contest if a judge overturns last week’s decision to automatically place Jeremy Corbyn on the ballot in a legal challenge to be heard at the high court.

Lawyers working for the party have suggested the leader would be given the chance to collect 51 names from MPs and MEPs if the legal challenge by millionaire donor by Michael Foster – to be heard on Tuesday – succeeds.

One source said that anything else would amount to a “coronation of Owen Smith”, Corbyn’s rival for the leadership, that would infuriate the current leader’s supporters.

Ballot papers will start to be sent out on 22 August and the result will be announced in Liverpool on 24 September, a day before the Labour conference kicks off in the city.

NEC members had argued over legal advice for six hours to decide whether Corbyn needed the backing of 20% of Labour MPs and MEPs – 51 nominations – to make it on to the ballot paper after opposing sides insisted the party rule book backed their case.

Foster wants to reverse the NEC’s decision and is seeking a declaration that, under Labour party rules, Corbyn must obtain the requisite number of nominations before his name can appear on the ballot

Foster, a former parliamentary candidate, is bringing the claim at London’s high court in front of Mr Justice Foskett against the party’s general secretary, Iain McNicol, who is being sued in a representative capacity.



McNicol announced a leadership election on 11 July after the Wallasey MP Angela Eagle obtained the necessary number of nominations.

Eagle withdrew from the race a week ago to back Smith as a “unity candidate” against Corbyn, who became leader in September last year.

Smith, who was elected MP for Pontypridd in 2010 and later promoted to shadow work and pensions secretary, was one of many shadow cabinet members to resign over Corbyn’s leadership.

Last week, high court master Victoria McCloud granted Corbyn’s request to become a party in the action, saying that he personally faced “jeopardy” in the election and his interest in the litigation was significantly different to the general body of members represented by McNicol. A spokesman for Corbyn said there are “no plans’’ for him to attend court on Tuesday.

Labour sued by members barred from leadership vote Read more

She said that much turned on the outcome of the election as it would determine a crucial constitutional role in the UK.

Separately, Labour is being sued by a group of its members over the decision to exclude 130,000 people who joined the party after 12 January from being able to vote in its leadership contest.

Harrison Grant, a London law firm, issued proceedings against Labour and McNicol on behalf of the members, who are crowdfunding to pay for the action.

In a statement, the group said: “We have called on the party to reconsider its decision, but it has not proven forthcoming. We believe the only way we can retrieve our rights is by taking the party to court.”