Jeremy Corbyn wins right to be defendant in leadership court case


David Lemer, instructed by Howe and Co solicitors, successfully represented the Rt Hon Jeremy Corbyn MP in his application to be joined as a Defendant to the pending High Court challenge arising from the NEC’s decision to include the Labour leader as a candidate in the forthcoming leadership election.  The Claimant, Michael Foster, had sought to argue that Mr Corbyn’s interests were adequately represented by the Labour Party.  Master McCloud accepted, however, in a reserved judgment, that  “This case will lead to a decision of significance both for Mr Corbyn and for the country ata time of what I have referred to as ‘turbulence’ following the Referendum vote.”


She observed that: 

 “It struck me during the hearing that whilst there is no suggestion that such was a deliberate effort to hinder Mr Corbyn’s interests in the manner in which the direction for the final hearing was obtained, it cannot help relations or trust between the parties that the Defendant agreed to the Claimant’s application for an expedited hearing without making the point firmly that a hearing listed after the cut off date for nominations could prejudice the leader of the Party’s interest and potentially affect the ability of members of the Party to be able to vote for him if they so wish.  That fact also in my judgment illustrates the risk that there is that, howsoever inadvertent, Mr McNicol may well overlook points which it would be in Mr Corbyn’s interests to make.”


The hearing of the substantive challenge takes place on 26th July 2016.  Martin Westgate QC and David Lemer act for Rt Hon Jeremy Corbyn MP.  Mark Henderson acts for Iain McNichol, the General Secretary of the Labour Party, sued on behalf of all members of the Labour Party (other than the Claimant and Mr Corbyn).


See Press coverage in The Guardian and Daily Mail. Read the Judgement here.

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