Jeremy Corbyn will be a defendant in the legal challenge to his automatic inclusion on the Labour leadership ballot, the high court has decided.
Lawyers for the Labour leader successfully argued he had a right to be heard in the case because his interests were not the same as those of Labour’s general secretary, Iain McNicol, who had previously been the only named defendant in the case brought by a Labour donor. Corbyn and McNicol will have separate legal teams.
The legal challenge, brought by former parliamentary candidate Michael Foster, contests the decision of Labour’s national executive committee to allow Corbyn on the ballot paper without having to secure nominations from Labour MPs.
McNicol was being sued in a representative capacity but Corbyn requested to be added to the proceedings as second defendant.
On Tuesday, high court master Victoria McCloud heard that Corbyn’s “personal interest in the subject matter of this litigation is pressing and obvious and distinguishes him from the general body of members represented by McNicol”.
McCloud said it was clear Corbyn had a personal interest in the case. “The extent to which the court should err towards inclusiveness in an action inevitably depends on the facts but in this case the court finds that Corbyn is a member of the Labour party who is particularly affected and particularly interested in the proper construction of the rules, and his interest in that regard is of a significantly different quality than that of other members,” she said.
Labour’s NEC voted 18-14 in a secret ballot after a tense six-hour meeting that Corbyn, as the incumbent, was not subject to the rule that forces candidates to show they have the backing of 20% of the party’s MPs and MEPs.