Last October’s EHRC Report into alleged ‘antisemitism’ in the Labour Party is to be challenged in court. Former London Mayor Ken Livingstone and former Labour councillor Pam Bromley – both of whom were singled out in the Report – have received permission from the Administrative Court to bring a judicial review against the EHRC.
Livingstone and Bromley initiated the process at the beginning of 2021, but only recently received definitive confirmation that they have an ‘arguable’ case against Britain’s equalities watchdog. The court has said, ‘It is arguable that the Defendant [the EHRC] made an error of law in relation to Article 10 ECHR’.
In its long-delayed and controversial Report in October 2020, the EHRC found that Livingstone and Bromley had ‘contributed’ to alleged ‘unlawful harassment related to Jewish race and religion’ by the Labour Party.
Livingstone and Bromley firmly reject the EHRC’s findings and the flawed legal analysis underpinning them. The pair have assembled a top legal team to address the findings against them and have already raised a considerable sum of money through crowdfunding.
The judicial review will focus on the EHRC Report as it relates to Livingstone and Bromley – including concerns about their right to freedom of expression – which could lead to sections of the current Report being declared unlawful.
The legal challenge is being supported by the Left Legal Fighting Fund, a central fund to assist activists, protesters, and whistleblowers. The Fighting Fund was established at the end of 2019 by former Labour MP Chris Williamson from the costs he won after his High Court victory against the Party.
In reaction to the court’s decision, Ken Livingstone said:
“I’m delighted the court believes we have an arguable case against the EHRC. The Commission cobbled together a half-baked case against me last year, justified by a flawed legal analysis.
“It was simply absurd to accuse me of ‘harassment’. This judicial review will be a vital step in correcting the record and turning the tide against the wave of McCarthyism that has engulfed Britain over the past few years.”
Pam Bromley added:
“The EHRC Report represents an erosion of freedom of expression in Britain. It serves part of a broader effort to undermine pro-Palestine campaigners and critics of the State of Israel.
“This legal case isn’t about me or Ken, it’s about making sure that the EHRC’s dubious legal analysis isn’t used in future to crush people who dare to speak up for Palestinians.”
The crowdfunder can be found at: www.fightingfund.org/kenandpam
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