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Reform UK Mulls ECHR Challenge to Labour’s Retroactive Donation Cap

By Drooid · · How we work

Core Event

Reform UK is evaluating a legal challenge under the European Convention on Human Rights (ECHR) should the Labour government’s proposed retroactive cap on overseas political donations become law. The party recently received record-size contributions from cryptocurrency investors Christopher Harborne and Ben Delo—£61 million and £44 million respectively—amounting to a combined £105 million, far exceeding the spending limits for a general-election campaign.

Legislative Background

The Representation of the People Bill, announced by Prime Minister Andy Burnham’s government, would limit all overseas donations to £100,000 per year and apply the restriction retroactively to donations made before the legislation’s passage. The bill also proposes an enhanced residency test for donors, requiring a full calendar year of UK residence before contributions are permitted. Labour has defended the measure as a safeguard against foreign influence, while Reform argues it targets the party specifically.

Donation Figures and Legal Context

  • Donors: Harborne, formerly based in Thailand, and Delo, founder of the BitMEX platform, both re-established UK residency earlier this year to qualify under existing rules.
  • Amounts: Bloomberg reporting notes that Reform has now received at least £61 million from Harborne and £44 million from Delo, surpassing the total spent by Labour and the Conservatives in the previous election.
  • Legal precedent: Adam Wagner, a barrister at Doughty Chambers, suggests Reform could invoke Article 7 of the ECHR, which bars retroactive criminalisation, and possibly Article 10 if the law is shown to lack political neutrality.

Official Statements & Responses

He also reiterated his party’s intention to withdraw the UK from the ECHR promptly if it wins the election due by mid-August 2029.

A spokesperson for Prime Minister Burnham, Tom Wells, confirmed that the enhanced residency test will be detailed soon and rejected claims that the legislation is designed to block Reform’s funding.

Verbatim Quotes

  • “It becomes particularly interesting if you can show that the change in the law was not politically neutral — if it was targeted at a particular party.” — Adam Wagner, a barrister at Doughty Chambers