Threats made by pickets to those miners who sought to go to work were not an assault because the pickets had no capacity to put into effect their threats of violence whilst they were held back from the vehicles which the working miners were within. The plaintiffs were, however, entitled to enjoy their right to use the highway to go to work without unreasonable harassment and that picketing by 50 to 70 striking miners shouting abuse was a tortious interference with that right. The actions of the striking miners were therefore actionable in nuisance.
Scot J
[1986] Ch 20, [1985] 2 All ER 1, [1985] IRLR 157, [1985] ICR 886, [1985] 2 WLR 1081
England and Wales
Cited by:
Cited – The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
These lists may be incomplete.
Updated: 24 June 2021; Ref: scu.466788
