International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international Trade Union concerned with a ferry running between Finland and Estonia should be litigated.’ The questions of European Law would require clarification by the European Court, and a referral was made. The claimant feared delay at the European and pressed for interim relief. The court said that where as here damages ‘are not likely to be an adequate remedy for either party, and where the nature of the case is as I have described, it seems to me that in assessing the balance of convenience and the holding of the ring the merits and strengths of Viking’s case has considerable relevance.’ To continue the injunction however would be to give the claimants the only remedy they needed, and to anticipate the finding of the European Court. The injunction was discharged.
Waller, Mummery, Tuckey LJJ
[2005] EWCA Civ 1299
Bailii
England and Wales
Citing:
Appeal fromViking Line Abp v International Transport Workers’ Federation and Another ComC 16-Jun-2005
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a . .
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Interim Injunctions in Patents Cases
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CitedRegina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
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bosmanECJ1995
A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the . .
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These lists may be incomplete.
Updated: 25 January 2021; Ref: scu.231672