Owen Smith insists Jeremy Corbyn should remain on Labour leadership ballot ahead of High Court ruling

'But it would be for other MPs, if we got to that set or circumstances, to make their own decisions. It’s not for me to tell them what to do'

Owen Smith has insisted Jeremy Corbyn should remain on the leadership ballot irrespective of a High Court ruling on whether the Labour leader must seek nominations from his MPs.

Mr Smith, who is attempting to position himself as the “save Labour” candidate in the contest, said he had “always” thought Mr Corbyn should be on the ballot paper when asked by BBC News.

“I thought it was the right decision by the NEC to put him on the ballot. I think the mood in the party would be really angry if a judge interfered in whether Jeremy is on the ballot,” he added.

However, when asked whether he would encourage other MPs in the Parliamentary Labour Party to help ensure Mr Corbyn’s place on the ballot paper, Mr Smith said it was "not for me to tell them what to do".

He continued: “I would like to contest this versus Jeremy and I would like to win the arguments versus Jeremy so yes I would like Jeremy to be in the contest. But it would be for other MPs, if we got to that set or circumstances, to make their own decisions. It’s not for me to tell them what to do.”

“I think the judge will look at this and say look the Labour party is a members’ organisation and its governing body the NEC has made this decision so why on earth should we interfere,” he added.

It comes after the wealthy Labour donor Michael Foster brought the case against Mr Corbyn. He is challenging the ruling that Mr Corbyn, as the incumbent, had the automatic right to be on the ballot paper in a leadership election, whereas any challenger would have to collect nominations from at least 50 Labour MPs or MEPs.

Many believe that if Mr Corbyn had to go down this route he would fail to secure the nominations needed – just 40 MPs backed him while 172 voted against him in a no confidence motion last month.

Mr Justice Foskett is set to rule this afternoon on the case and may also set out grounds on which the losing party might appeal.