Date set for Woolas appeal

PHIL WOOLAS

Former minister Phil Woolas will learn his fate next week after an appeal to overturn a court decision which stripped him of his Commons seat was accepted.

The High Court said a judicial review application brought by Mr Woolas would be heard from Tuesday and is expected to last one and a half days.

The process was fast-tracked last week by the judge who refused the initial application, in a bid to ensure the seat did not go too long without an MP.

Mr Woolas lost his Oldham East and Saddleworth seat last Friday when two judges in a specially-convened election court decided he had knowingly made false statements about another candidate, Elwyn Watkins.

A decision on whether the verdict will be overturned could happen as early as Wednesday. Judges could announce the outcome and reserve the full judgement for a later date, do everything on the day or reserve the whole decision - although lawyers believe the last option is unlikely.

Section 157 of the Representation of the People Act 1983 - the Act used to bring forward the original case - says that you can only appeal a decision of the Election Court by applying for "Special Leave" from the High Court so that the Court of Appeal can then hear the case.

There is no further right of appeal to the Supreme Court.

The Chronicle has been told The Court of Appeal will hear the case presided over by Lord Justice Thomas, together with two high court judges Mr Justice Tugendhat and Mrs Justice Nicola Davies.

Yesterday Common's Speaker John Bercow issued a statement saying he can neither block or initiative a writ to call a by election.

It was agreed earlier this week that parties would hold off from laying a writ to trigger a by election until Mr Woolas' appeal had been heard.

Colleagues and constituents have been rallying around Mr Woolas and donating money to help him raise tens of thousands of pounds needed to buy an insurance policy which meant he could take his fight further.