Setback for Corbyn as legal move dismissed as ‘fishing’
A HIGH Court judge has dismissed Jeremy Corbyn’s attempt to prove that Dame Margaret Hodge and the President of the Board of Deputies interfered in his suspension as an MP.
In cutting comments, Judge Lisa Sullivan said the former Labour leader was engaged in a “fishing” exercise as she threw out his claim.
He had applied to gain documents in an attempt to prove that the Jewish organisation and the MP had interfered with his disciplinary process.
Handing down her judgment after refusing an application for disclosure of further Labour documents, Judge Sullivan referred to suggestions that Labour MP Dame Margaret and Marie van der Zyl, the Board’s president, had contacted Sir Keir Starmer to express their anger at the decision to drop his suspension in November.
Judge Sullivan said on Wednesday: “It is also alleged that there was political interference in the disciplinary process, which is improper and in bad faith. It is said that there are reports in the press that Dame Margaret Hodge MP and the President of the Board of Deputies of British Jews contacted the Leader of the Opposition’s staff and that influenced the decision to suspend Mr Corbyn on the second occasion. It is said the disclosure sought will show this.”
Her scathing ruling added: “In respect of the documents which it is said will show third party interference in the decision, that is speculation based on press reporting.
“I have not been taken to any detail of the press reports referred to.
“It is said this includes documents sent from Dame Margaret Hodge MP and the President of the Board of British Jews.
“What, if any communication took place, whether it was in writing, what was said and whether it was taken into account are unknown. It seems to me that the request is indeed fishing.
“It is not appropriate for the court to allow a prospective litigant to review the documents to see if there is something that may be of use to them in advance of the litigation.”
Mr Corbyn was suspended on October 29 as a result of his response to the EHRC report into antisemitism. This was lifted 19 days later – but Sir Keir then announced he was removing the party whip from the former leader.
The judge emphasised that Unite union chief Len McClsuskey and the Labour MP Jon Trickett — both representing Mr Corbyn in a meeting attended by Sir Keir Starmer and other members of the Leader’s Office — failed to make any notes about an alleged deal under which the former Labour leader would be able to return as a party MP.
“His representatives could have made notes but did not,” said the judge, commenting on Mr McCluskey and Mr Trickett’s insistence of an “oral” agreement over Mr Corbyn’s return.
“The fact that Mr Corbyn’s representatives did not make any notes but they believe the Labour Party did does not give rise in my judgment to the sort of asymmetry of control of documents which would mean pre-action disclosure was desirable.”
Mr Corbyn will now be offered further legal advice on whether it is sensible to continue his legal bid to challenge his suspension further in the High Court.
It is understood that Labour are to seek to recover their costs from the pretrial application bid.
Corbyn’s representatives did not make any notes’