Five new Labour Party members have won a court battle to be able to vote in the upcoming leadership contest between Jeremy Corbyn and Owen Smith. The High Court has overturned Labour's National Executive Committee's (NEC) decision to prevent anyone who joined the party after 12 January from voting in the upcoming election.

The decision could now see nearly 130,000 new registered members being eligible to take party in the vote on 24 September.

It is believed a majority of the new Labour members signed up to back Corbyn to remain as leader.

Judge Justice Hinckinbottom said the claimants had been "entirely successful", in their appeal adding: "These people have paid their dues for the legal right to vote in the forthcoming leadership election."

The judge also ruled that Labour must now repay the £25 ($32) the five claimants paid during a two-day window in July in order to be able to vote in the leadership contests, meaning the 130,000 people who also paid when they signed up could be eligible for a refund.

Among the arguments from the claimants included how when they joined the party via the Labour website, a paragraph told how as a new member: "You'll be a key part of our election winning team. You'll be eligible to vote in leadership elections, you can help shape party policy, you can attend local meetings and you can even stand as a candidate."

This paragraph was alter removed from the site after NEC implemented the cut-off point for new members being able to vote.

Hinckinbottom said at the time each of the five joined the party "it was the common understanding, as reflected in the rule book, that, if they joined the party prior to the election process commencing, as new members they would be entitled to vote in any leadership contest".

The five claimants, which they raised funds for their legal challenge via crowdsourcing, are Christine Evangelou, Rev Edward Leir, Hannah Fordham, Chris Granger and "FM", who has not been named as he is under 18.

Labour have been granted permission to appeal the decision.

Corbyn Smith
Jeremy Corbyn and Owen Smith are taking part in September's Labour leadership election Getty Images

Kate Harrison, solicitor for the claimants, said following the ruling: "This case was about the right to vote under the Labour Party constitution, under which all members are equal and valued. This is a good day for democracy, a good day for my clients who are proud to be members of the party that stands for social justice, and a good day for the Labour Party.

"It is particularly important for young Labour Party members that the party constitution allows them to vote.This case is not about who the members might vote for. It is about the equal right of all members to be heard in the leadership election process.

"I am sure the Labour Party is proud to have members who fight for the right to vote, and internal election processes that are thoroughly democratic and have helped to attract a membership that now stands at approximately 500,000."

John McDonnell MP, Shadow Chancellor and chair of Jeremy for Labour, said: "This is a huge victory for Labour Party members and party democracy.

"The decision taken to freeze out new members since January was an affront to democracy and went against everything the party stands for. We are pleased the High Court has seen sense today by coming to the right decision."

"We are appalled by the possibility of an unnecessary and costly appeal. If it is taken forwards, the Party will be using members money to try to stop members from voting. This is unacceptable. I'm calling on Owen Smith to join with us in backing party members and calling on the Labour Party not to appeal and attempt to disenfranchise members."

"We are now calling on the Labour Party bureaucracy to act sensibly and play by the rules for rest of this leadership election."

A Labour spokesperson added: "It is right that the Labour Party seeks to defend vigorously decisions of the National Executive Committee in this matter, and we will now study this judgment carefully."