Foster v McNicol & Anor [2016] EWHC 1966 (QB) (28 July 2016)

Foster v McNicol & Anor [2016] EWHC 1966 (QB) (28 July 2016)

The Labour Party rules, properly construed, do not require the incumbent leader to obtain nominations to stand in a leadership ballot when challenged. Only challengers must obtain the requisite nominations. The NEC's decision to allow the incumbent leader automatic inclusion on the ballot was correct in law.

Source-derived case information.

Citation
[2016] EWHC 1966 (QB)
Parties
Claimant: Michael Foster; First Defendant: Iain McNicol; Second Defendant: The Rt Hon Jeremy Corbyn MP
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Claim for Declaratory Relief (contractual Interpretation of Party Rules) / First Instance Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Unincorporated Association Rules, Political Party Leadership Elections, Jurisdiction of Courts Over Internal Party Disputes
Contract Law Public Law Election Law Interpretation of Unincorporated Association Rules Political Party Leadership Elections Jurisdiction of Courts Over Internal Party Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Foster

Claimant

Iain McNicol

First Defendant

The Rt Hon Jeremy Corbyn MP

Second Defendant

Procedural Posture

Claim for Declaratory Relief (contractual Interpretation of Party Rules) / First Instance Judgment

Legal Issues

  1. 1 Whether the Labour Party's rules require the incumbent leader to obtain nominations to stand in a leadership ballot when challenged
  2. 2 Whether the National Executive Committee's interpretation of the rules was correct in law
  3. 3 Whether the NEC's decision is subject to review by the court or is final under the party's rules

Ratio Decidendi

The Labour Party rules, properly construed, do not require the incumbent leader to obtain nominations to stand in a leadership ballot when challenged. Only challengers must obtain the requisite nominations. The NEC's decision to allow the incumbent leader automatic inclusion on the ballot was correct in law.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.