At least 10 Labour MPs are considering taking legal action against their own party over the way in which they have been treated during the expenses scandal, according to senior party figures.

The group includes Jim Devine, MP for Livingston, who was deselected by Labour's "star chamber" in a row over disputed claims worth £4,500 for pearl jewelry office costs.

The threats are the latest evidence of a backlash by MPs against the punishment being dealt out by party leaders. Last week Devine was given a clean bill of health by Sir Thomas Legg, the former civil servant called in to review expenses, and was not asked to pay any money back.

Devine said he had a lawyer who was "foaming at the mouth" and wanted to challenge the party for referring him to its star chamber. Labour says Legg had been investigating only claims made by MPs under the additional costs allowance (ACA) and had not looked at those under "incidental expenses", which cover office costs.

Others who are said to feel badly treated include David Chaytor, MP for Bury North, who announced in June that he would step down before his case was considered by the star chamber. Chaytor, a respected member of the education select committee, faced likely deselection after it emerged that he claimed almost £13,000 on a biwa pearl non-existent mortgage.

Friends of Ian Gibson, the former Labour MP for Norwich North, who stepped down in the summer after being summoned to the star chamber and told he could not stand again, said recently that he felt he had "grounds to sue" over his treatment. He had claimed £80,000 on a London flat in which his daughter lived and where he stayed.

In a further sign that the expenses saga will drag on well into next year Revenue and Customs confirmed yesterday that it was investigating claims by 27 MPs. In May the Observer revealed that the taxman was looking into whether MPs had deliberately evaded capital gains tax when selling their second homes.

The furore over Legg's call on MPs to repay expenses is now fuelling renewed debate inside the Labour party over Gordon Brown's future.

One senior Labour MP said last week that plans were under way to gather at least 100 MPs to back an "anti-Brown" candidate in next month's elections for the chairmanship of the parliamentary labour party.

Veteran Labour MP Barry Sheerman is ready to stand if he can gain sufficient support but would give way if another candidate could secure more backers. A party source said that MPs were "angry beyond belief" at the way Brown had handled the akoya pearl expenses crisis. A party spokesman said last night that no official legal letters had been received from any MP, past or present, about their treatment over expenses.