It was an unlawful conspiracy at common law to pursue a closed shop against individuals beyond the point which the courts regarded as the defence of genuine trade union interests.
Harman J looked at the law of conspiracy where employees threatened to strike: ‘No doubt it is not necessary that all the conspirators should join at the same time, but it is, I think, necessary that they should know all the facts and entertain the same object. ‘ and (obiter) ‘If, however, their actions amount to threats of illegal strike action – that is to say, action to withdraw labour in breach of contract – then those acts were tortious and illegal’. The 1906 Act did not protect the defendants.
Judges:
Harman J
Citations:
[1957] 1 WLR 321, [1957] 1 All ER 234
Statutes:
Cited by:
Cited – Torquay Hotel v Cousins CA 17-Dec-1968
The plaintiff contracted to buy oil for his hotel from Esso. Members of the defendant trades union blocked the deliveries of oil by Esso to the Hotel because of a trade dispute they had with the management of the hotel. The hotel sued for an . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Employment
Updated: 15 May 2022; Ref: scu.272905