Labour still has seeds of anti-Semitic ‘virus’, claims lawyer who took party to equalities watchdog

Seeds of an anti-Semitic “virus” still exist within the Labour party, one of its most prominent Jewish backers has claimed.

James Libson, managing partner of London law firm Mishcon de Reya, said he was encouraged by Sir Keir Starmer’s crackdown on anti-Jewish racism within the party but said the problem had not yet been eradicated.

Asked about anti-Semitism within Labour, he said: “The actual seeds of the virus exist within parts of the party. They’re not eliminated, they’re there and if the leadership isn’t strong and resolute in relation to it, there’s a danger that it would reemerge.”

Mr Libson’s comments were made before a party row over whether to let Diane Abbott stand as a Labour MP at the upcoming election. Ms Abbott, who served as shadow home secretary under former leader Jeremy Corbyn, was suspended from the party last year for suggesting Jewish people experienced prejudice but not racism in a letter to the Observer.

The MP for Hackney North and Stoke Newington this week claimed she was to be “barred” from standing as an MP, following reports that the Labour leadership were preparing to block her.

However, Sir Keir on Friday clarified that Ms Abbott was “free” to stand following outcry from the Left of the party, including deputy leader Angela Rayner.

Critics have also accused Sir Keir of culling left-wingers from the party after a number of candidates were blocked from standing for election in response to anti-Semitism complaints. Sir Keir has denied trying to purge those on the hard Left, saying Labour simply wanted “the highest quality candidates” to stand.

Mr Libson declined to comment on Ms Abbott’s selection.

The lawyer has previously acted for the Jewish Labour Movement in its complaints to the UK’s equality watchdog about Labour’s handling of anti-Semitism allegations under Mr Corbyn.

The litigator helped the Jewish society submit evidence to the Equality and Human Rights Commission’s (EHRC) 16-month investigation into the issue, which included a dossier of sworn statements from 70 past and present Labour staffers-turned whistleblowers.

In 2020, the EHRC concluded that Labour broke equality laws by failing to prevent acts of harassment and discrimination. Investigators also found Mr Corbyn’s leadership “did not do enough to prevent anti-Semitism and, at worst, could be seen to accept it”.

Sir Keir has vowed to “root out” anti-Jewish sentiment from the party since taking over as leader from Mr Corbyn in 2020.

Mr Libson said he was confident that Sir Keir and his inner circle recognised how serious the problem of anti-Semitism is, saying it “poisoned and undermined” the Labour party’s values and electoral prospects under Mr Corbyn.

He told The Telegraph: “They absolutely see that the Corbyn era was disastrous for the party and that was intrinsically linked to the anti-Semitism that had overtaken the party and that they are absolutely resolved to make sure that it doesn’t come back.”

Mr Libson has spent more than three decades fighting anti-Semitism, including successfully defending American historian Deborah Lipstadt and British publisher Penguin Books from libel claims made by holocaust denier David Irving in 2000.

The High Court case was retold into the 2016 film, Denial, with Mr Libson portrayed by Jack Lowden, the star of Apple TV’s Slow Horses.

Mishcon is now representing the families of British hostages being held by Hamas terrorists in Gaza following the October 7 attacks. The law firm has also raised concerns about the rise of anti-Semitism within Britain’s universities in the wake of the Hamas invasion.

Mr Libson led a team of partners who last December accused Queen Mary University of London of paying only “lip service” to campaigns against anti-Semitisim on campus after Hitler jokes, abusive messages and violent threats were allegedly made towards Jewish students.

In a letter sent to the university on behalf of the Union of Jewish Students (UJS) and individual students, Mishcon described Queen Mary’s campus as “prolifically hostile”.

Queen Mary has said it has a “zero-tolerance approach to any form of racial bullying and harassment”.

In recent weeks, a wave of pro-Palestinian protests and camps have spread across UK universities demanding institutions cut ties with Israel. The movement has been inspired by similar encampments at US universities, many of which have become the centre of clashes with police.

Mr Libson defended the right of students to protest, so long as it was non-violent.

He said: “Peaceful protests, even if those peaceful protests are contrary to university regulations, is a part of growing up and part of being a student.”

However, he argued Jewish students should be able to study without fear of anti-Semitism and that UK universities must protect them when demonstrations go too far and become unlawful.

Students activists should also be aware of the consequences of participating in unlawful or anti-Semitic demonstrations, Mr Libson added.

His comments come after prestigious US law firm Sullivan & Cromwell last month announced plans to introduce tougher hiring checks in response to reports of harassment at pro-Palestinian demonstrations on American campuses.

Its new vetting process will include thoroughly reviewing candidates’ online presence and hiring experts to conduct formal background checks, as reported by trade magazine American Lawyer.

Davis Polk & Wardwell, one of the world’s largest law firms, last year rescinded job offers to three Columbia and Harvard students who allegedly signed letters criticising Israel’s role in the war.

Mr Libson said Mishcon had no problem hiring protesters so long as they had not broken the law or said things that were offensive.

He said: “Why would you want someone to come into your institution who has demonstrated a proclivity to hate?”

Unlike Mishcon, most of the UK’s elite law firms are reluctant to publicly share concerns about the safety and treatment of Jewish undergraduates. Mr Libson blamed their silence on the stark size differences of the Jewish population in each country. There are only 300,000 Jews in Britain and more than 8 million in the US.

This means there are fewer UK law firms with a “Jewish character” compared to the US, he argued. Mishcon is one of last remaining City stalwarts with strong ties to the community.

The law firm was founded in 1937 by Lord Victor Mishcon, the Brixton-born son of a rabbi who emigrated from Poland. The solicitor, who acted for Princess Diana in her divorce, became a Labour politician and sat on the Wolfenden Committee, whose recommendations paved the way for homosexuality to be decriminalised.

Mr Libson criticised the Government’s “disdain for the legal profession” in recent years under successive Conservative prime ministers.

He pointed to drastic legal aid cuts, Tory attacks on “lefty lawyers” opposing government immigration policies, and failure to attract overseas investment into London’s commercial law sector after Brexit.

This has undermined the UK’s economic prospects and global reputation for promoting the rule of law, he argued.

Mr Libson said: “If we’re to prosper both economically and as a place where people want to invest, have their disputes resolved, then we need to have the support of government in our system of law.”

Mr Libson was appointed as Mishcon’s managing partner in 2020 and is now at the start of his second and final term, which ends in almost three years.

He oversaw the firm’s one-time plans to float on the London Stock Exchange, a move which at the time valued the business at about £750m.

Mishcon ultimately abandoned the highly-anticipated listing, which would have unlocked a lucrative pay day for partners, in 2022 because of poor market conditions.

Mr Libson ruled out reviving the plan, saying: “The moment for law firm IPOs has passed and I’m not sure when it will come back.”

He pointed to the poor performance of London-listed law firms since Mishcon shelved its IPO: “I just can’t see it being an attractive option for anyone at the moment.”