Blaser Mills LLP has successfully defended the Labour Party (“the Party”) against High Court claims alleging a breach of natural justice of the Party’s disciplinary procedures.
The Claimants were Labour Party members and activists subject to allegations of antisemitism which the Party was investigating. The Claimants alleged the Party had breached its contractual obligation to treat them fairly, particularly following the October 2020 EHRC Report on Antisemitism in the Labour Party.
On 8 July 2021 the High Court dismissed all the claims against the Party and found that it had met its obligation to treat the Claimants fairly. There was no breach of natural justice. Mr. Justice Butcher held that the Court ought not to interfere with the Party’s disciplinary procedures particularly not when the EHRC as a regulator is involved in a review of those procedures.
This is a judgment of wide-ranging significance and gives clear guidance to regulatory and public law lawyers and those involved in internal disciplinary matters, as to what those under investigation can expect as part of a fair process. Mr Justice Butcher said “The courts are very reluctant to intervene in ongoing disciplinary proceedings, and will only do so if the matter in question is such a breach as cannot be remedied in the proceedings themselves, and will not micromanage the disciplinary process”.
The link to the judgment can be found here and a fuller analysis of the case, drafted by junior counsel, can be found here.
Blaser Mills LLP instructed Rachel Crasnow QC of Cloisters and Tom Gillie of Matrix Chambers.