Labour members barred from voting in the party’s upcoming leadership election have dropped their legal challenge.
The contest will go ahead with the exclusion of around 130,000 new members after the court of appeal ruled against five such members who contested the decision to bar them.
The five members have said they will not seek to overturn the appeal court’s decision in the Supreme Court.
On Friday the court of appeal overturned a previous high court judgment and therefore reinstated the decision of Labour’s ruling body to exclude those who had not joined the party by January 12 and held membership continuously until July 12 - the “freeze date”.
Many of the members affected are believed to back leader Jeremy Corbyn.
The five - Christine Evangelou, Rev Edward Leir, Hannah Fordham, Chris Granger and “FM”, a teenage member - have raised £93,572 in donations but said they could not afford to take the case further.
Fordham has said it would cost around £8,000 “for getting the case even heard”, but she could also be referring to lawyers’ fees.
In a message posted on their crowdfunding website, Fordham said: “This has been an odd, emotional-rollercoaster of a week for us all.
“Thank you for supporting us through this, it’s been a huge help to see how many of you care deeply about this unfair and unjust situation.
“Unfortunately, given the costs involved in pursuing the case further (the fee for getting the case even heard at the Supreme Court is around £8,000), we have taken the decision that this is where this particular legal case has to stop.
“But the case wasn’t in vain - although we didn’t succeed in reclaiming votes for the 130,000 disenfranchised members, we did win in the high court, exposing facts which have spurred important conversations about the role of the Labour Party membership and the NEC (National Executive Committee).”
Fordham said the money raised would cover their legal fees and the £30,000 in costs they were ordered to pay to the NEC, which brought the case.
It is understood that the Supreme Court was preparing to hear the case today and making urgent arrangements to pull back five justices during summer recess.
The Supreme Court said it would only have charged around £1,000 to get the case heard.
A supreme court spokesman said: “Decisions about proceeding with an appeal are entirely matters for the parties involved.
“However, the court’s usual fee regime would not have applied in this case, due to the way in which any such application would have been fast-tracked.
“The court fees would have been closer to £1,000.”
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