Labour leadership ruling: Final verdict on membership freeze appeal delayed

Labour's ruling body has challenged a High Court decision allowing new party members to vote in the upcoming leadership election

Jeremy Corbyn at a Labour leadership hustings in College Green, Bristol (PA)

The Court of Appeal will not make a ruling today on Labour's challenge to a High Court decision allowing new party members to vote in the upcoming leadership election.

The judgement on the appeal has been adjourned and will be given tomorrow at 3pm, announced Lord Justice Beatson at the end of legal submissions.

The outcome will be either a boost or a blow to Jeremy Corbyn’s battle to remain Labour leader, as the majority of those joining the party are expected to support him over rival Owen Smith.

Iain McNicol, the party's general secretary, is asking the Court of Appeal to reinstate a block imposed by Labour's National Executive Committee (NEC) on nearly 130,000 recruits getting the vote.

The NEC decided on a “freeze date” of 12 July, meaning full members would not be able to vote if they had not had continuous party membership for six months before that date.

It banned anyone who had joined the party after 12 January from voting unless they paid an extra £25.

On Monday, High Court judge Mr Justice Hickinbottom allowed a legal challenge by five new members and declared that refusing them the right to vote would amount to a breach of contract.

Lawyers representing a group of five, who have argued they have “paid their dues”, claimed their clients had been unfairly excluded from participating in the labour leadership contest.

Stephen Cragg QC accused the party’s governing body, the National Executive Committee, of unlawfully “freezing” them and many others out of the election process between Mr Corbyn and his challenger Owen Smith, the former shadow work and pensions secretary.

Representatives of the NEC said the move was permitted by the party's rulebook, citing several sections in the Court of Appeal.

Mr McNicol's lawyers said he is appealing against that ruling “as a representative of all members of the Labour Party except the [five] claimants".

Labour and Mr McNicol argued the rules permit the 12 July freeze date and there has been no contractual breach or misrepresentation.

Peter Oldham QC, representing the party, argued that the NEC had “specific power” to impose a freeze as party of its role in issuing an election timetable.

Two weeks ago the High Court ruled in favour of the Labour party and the NEC to keep Jeremy Corbyn on the ballot without having to seek nominations from his MPs – upholding the authority of the party’s governing body.

John McDonnell, the shadow Chancellor and chair of Mr Corbyn's campaign, said the judgement was a “huge victory” for members of the party. He added: “We are pleased the High Court has seen sense today by coming to the right decision.”