NWL Ltd v Woods
In deciding whether to grant an interim injunction against industrial action, the court must consider the likelihood that the union will establish its statutory immunity at trial.
Facts
The International Transport Workers' Federation took industrial action against a ship, the Nawala, which was owned by a Hong Kong company and flew a flag of convenience, in order to force the owners to pay the crew at rates set by the federation. Tugmen and lock keepers in Redcar refused to help the ship leave port. The owners sought an interim injunction to restrain the action. The union argued that it was acting in contemplation or furtherance of a trade dispute, so it had immunity from liability in tort.
Legal principle
The House of Lords refused the injunction. Lord Diplock said that, where the grant or refusal of an interim injunction will in practice dispose of the action, because the dispute will be over by the time of trial, the court should take into account the likelihood that the defendant will succeed at trial in establishing the statutory defence of acting in contemplation or furtherance of a trade dispute. This modified the ordinary approach in American Cyanamid Co v Ethicon Ltd, and is now reflected in section 221(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. The union was likely to establish its defence, so no injunction was granted.
Related cases on trade unions and industrial action
- ASLEF v United Kingdom (2007) 45 EHRR 34
- British Airways plc v Unite the Union (No 2) [2010] EWCA Civ 669, [2010] ICR 1316
- Demir and Baykara v Turkey (2009) 48 EHRR 54
- Express Newspapers Ltd v McShane [1980] AC 672
- International Transport Workers' Federation v Viking Line ABP Case C-438/05, [2007] ECR I-10779
- Kostal UK Ltd v Dunkley [2021] UKSC 47
- Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet Case C-341/05, [2007] ECR I-11767
- Mercury Communications Ltd v Scott-Garner [1984] Ch 37
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
