Foster v McNicol & Anor

Foster v McNicol & Anor

Clause II.2B(ii) of the Labour Party Rule Book does not require the incumbent leader to obtain nominations to stand in a leadership ballot when challenged; only challengers must meet the nomination threshold. The NEC's interpretation was correct in law.

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
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Unincorporated Association Rules, Party Leadership Election Procedures, Jurisdiction of Courts Over Internal Party Disputes
Contract Law Constitutional Law Administrative Law Interpretation of Unincorporated Association Rules Party Leadership Election Procedures Jurisdiction of Courts Over Internal Party Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Michael Foster

Claimant

Iain McNicol

First Defendant

The Rt Hon Jeremy Corbyn MP

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Labour Party Rule Book requires the incumbent leader to obtain nominations to stand in a leadership ballot when challenged
  2. 2 Interpretation of Clause II.2B(ii) of the Labour Party Rule Book
  3. 3 Effect of Clause 1.X.5 on court jurisdiction

Ratio Decidendi

Clause II.2B(ii) of the Labour Party Rule Book does not require the incumbent leader to obtain nominations to stand in a leadership ballot when challenged; only challengers must meet the nomination threshold. The NEC's interpretation was correct in law.

Court Disposition

Claim dismissed

Orders

  • Mr Corbyn is entitled to be on the ballot paper without the need to obtain nominations.
  • The NEC's decision is upheld.