Huge boost for Jeremy Corbyn after judge rules 130,000 extra members are eligible to vote in Labour leadership contest
Labour Party's National Executive Committee will appeal the High Court decision
JEREMY Corbyn has been handed a huge boost after a judge ruled more than 100,000 extra members are eligible to vote in the Labour leadership contest.
This morning five claimants won a High Court battle over their legal right to have their say in the battle between the embattled leftie and challenger Owen Smith.
It is expected the majority of the extra eligible members are supporters of Mr Corbyn, meaning he could now win by an even bigger margin than his victory last September.
The five accused the party's National Executive Committee of unlawfully "freezing" them and many others out of the high-profile contest even though they had "paid their dues".
The NEC decided full members would not be able to vote if they had not had at least six months' continuous membership up to July 12 - the "freeze date".
To gain the right to vote, members were given a window of opportunity, between July 18 and 20, to become "registered supporters" on payment of an additional fee of £25.
Non-members were given the same opportunity.
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But Mr Justice Hickinbottom, sitting in London, ruled that refusing the five the vote "would be unlawful as in breach of contract".
The court action affects almost 130,000 Labour supporters who are victims of the freeze.
The five who won the legal challenge are Christine Evangelou, Rev Edward Leir, Hannah Fordham, Chris Granger and "FM", a new member aged under 18.
The judge said at the time each of the five joined the party "it was the common understanding, as reflected in the rule book, that, if they joined the party prior to the election process commencing, as new members they would be entitled to vote in any leadership contest".
He added that that was the basis upon which each claimant joined the party, and the basis of their contract with it.
Mr Justice Hickinbottom overturned the requirement that they must have been party members since January 12 - that, is at least six months' continuous membership up to July 12 - the "freeze date".
He declared: "For the party to refuse to allow the claimants to vote in the current leadership election, because they have not been members since 12 January 2016, would be unlawful as in breach of contract."
The Labour Party was given permission to appeal the decision, and it is understood a hearing may take place later this week.
A Labour spokesman said: "The Procedures Committee of the NEC has decided that the Labour Party will appeal this ruling in order to defend the NEC's right, as Labour's governing body, to uphold the rule book, including the use of freeze dates."
The leadership race was plunged into chaos by the court ruling and members of Labour's procedures committee discussed how to respond in a hastily arranged conference call.
Labour was given permission to go to the Court of Appeal but Jeremy Corbyn's allies had urged the party not to pursue the option, claiming members' money was being squandered on stopping them from voting.
General secretary Iain McNicol faces being ousted if the party loses its legal bid.
A senior Labour source said: "If Labour loses the appeal, the position of Iain McNicol becomes untenable."