Labour facing legal threat over Jeremy Corbyn’s inclusion on the leadership ballot

Jeremy Corbyn’s automatic inclusion on the leadership ballot is so “patent and clear” that Labour’s governing body has been threatened with legal action if his name is omitted.

It comes as 33 members of the National Executive Committee (NEC) convene in London today to rule on whether the Labour leader needs to secure the nominations of 51 MPs and MEPs to stand in the contest triggered by a challenge from Shadow Business Secretary Angela Eagle.

The party’s constitution says that where is no vacancy for leader, “nominations may be sought by potential challengers.” They require 20 per cent of the party’s MPs to be valid.

Solicitors acting for Jim Kennedy, a trade union member of the NEC, have written to party general secretary Iain McNicol warning they will take “injunctive action” unless Mr Corbyn is automatically on the ballot. They warn that the case for the Labour leader’s automatic inclusion on the ballot is “so patent and clear” that they are ready to pursue Mr McNicol personally for costs if he is not.

The letter from Martin Howe states: “Our clients are very concerned that the purpose of the special meeting is to manufacture a situation whereby Jeremy Corbyn's name will be omitted from the leadership ballot. That is wholly unacceptable

“Any attempt to keep Jeremy Corbyn's name off the ballot for leader, whilst he remains leader, in light of the current challenge by Angela Eagle (or any other challenger) will be met with legal action for breach of contract, specifically for breach of the 2016 Rule Book Chapter 4 Rule 2Bii.

Mr Corbyn’s office have already obtained a legal opinion which says that he has an automatic right to stand for re-election if challenged, but Labour’s general secretary, Iain McNicol, has also consulted a lawyer and is reported to have been given the opposite advice.

"We put you on the clearest notice that we will be instructed to apply to the High Court for immediate injunctive relief should Jeremy Corbyn's name not go forward automatically to the ballot."

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And on Monday a fresh legal opinion provide to Unite the union, seen by the Huffington Post, comes down “firmly” on Mr Corbyn’s side. The advice states: “There is no specific provision that expressly states that an incumbent falls off the ballot as soon as a challenger with the requisite nominations appears. However, the wording makes clear and unambiguous reference to the 20% of signatures being required by “potential challengers”.

It concludes: “The rules by which the Labour Party is governed are unambiguous: the leader does not require any signatures to be nominated in a leadership election where there is a potential challenger to the leadership.”

Christine Shawcroft, who sits on Labour's ruling NEC, said on Monday that the section of party rules calling for nominations to be backed by MPs and MEPs refers to challengers, rather than the sitting leader.

She told Today: “It's quite clear to me from the rules that the section ‘any nomination’ refers to potential challengers.”

Ms Shawcroft added: “I think most of us are quite clear what the rules are saying. The only reason we are having this argument is that Jeremy Corbyn's opponents want to keep him off the ballot paper because that's their only hope of winning. When he's on that ballot paper he will win.”