GREAT BRITAIN G.B. 3

GREAT BRITAIN G.B. 3 House of Lords Dimbleby and Sons Ltd. v. National Union of Journalists Right to strike - Inducing breach of contract - Trade dispute - Secondary industrial action - Labour injunction HEADNOTES Facts A long-standing trade dispute existed between T Ltd., a newspaper publishing company, and the defendant union, NUJ, concerning that company's refusal to reinstate journalists dismissed in a national strike of 1978. D. Ltd., a distributor of weekly newspapers, after a dispute with its printers in another union, transferred the printing of its newspapers to TBF Ltd., a company in the same group, owned by the same parent company and using the same office and same staff as T. Ltd. Journalists employed by D. Ltd., and members of the NUJ, refused to supply reports ('copy') to their employer which were to be printed by TBF Ltd. which employed non-union printers. D. Ltd. claimed interlocutory injunctions to restrain the NUJ from instructing or encouraging these members to withhold their services in breach of their contracts of employment thereby inducing breaches of, or interfering with, the printing contract between D. Ltd. and TBF Ltd. and the contracts between D. Ltd. and advertisers in their newspapers. Decision The evidence made http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

GREAT BRITAIN G.B. 3

GREAT BRITAIN G.B. 3


House of Lords Dimbleby and Sons Ltd. v. National Union of Journalists Right to strike - Inducing breach of contract - Trade dispute - Secondary industrial action - Labour injunction HEADNOTES Facts A long-standing trade dispute existed between T Ltd., a newspaper publishing company, and the defendant union, NUJ, concerning that company's refusal to reinstate journalists dismissed in a national strike of 1978. D. Ltd., a distributor of weekly newspapers, after a dispute with its printers in another union, transferred the printing of its newspapers to TBF Ltd., a company in the same group, owned by the same parent company and using the same office and same staff as T. Ltd. Journalists employed by D. Ltd., and members of the NUJ, refused to supply reports ('copy') to their employer which were to be printed by TBF Ltd. which employed non-union printers. D. Ltd. claimed interlocutory injunctions to restrain the NUJ from instructing or encouraging these members to withhold their services in breach of their contracts of employment thereby inducing breaches of, or interfering with, the printing contract between D. Ltd. and TBF Ltd. and the contracts between D. Ltd. and advertisers in their newspapers. Decision The evidence made it unlikely that the union could prove at the full trial that it was acting in contemplation or furtherance of a trade dispute with the plaintiffs. The industrial action by withholding copy was not protected against liabilities for inducing breach of contract at common law. The judge at first instance had, as the Court of Appeal had held, not misdirected himself in exercising his discretion to grant the injunctions against the NUJ. Law Applied Trade Union and Labour Relations Act 1974 Section 13(1) [as amended 1976]: [(1) An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable in tort on the ground only - (a) that it induces another person to break a contract or interferes or induces any...
Loading next page...
 
/lp/brill/great-britain-g-b-3-fWJoN8QcK5
Publisher
Martinus Nijhoff
Copyright
Copyright 1977 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/221160283X00546
Publisher site
See Article on Publisher Site

Abstract

House of Lords Dimbleby and Sons Ltd. v. National Union of Journalists Right to strike - Inducing breach of contract - Trade dispute - Secondary industrial action - Labour injunction HEADNOTES Facts A long-standing trade dispute existed between T Ltd., a newspaper publishing company, and the defendant union, NUJ, concerning that company's refusal to reinstate journalists dismissed in a national strike of 1978. D. Ltd., a distributor of weekly newspapers, after a dispute with its printers in another union, transferred the printing of its newspapers to TBF Ltd., a company in the same group, owned by the same parent company and using the same office and same staff as T. Ltd. Journalists employed by D. Ltd., and members of the NUJ, refused to supply reports ('copy') to their employer which were to be printed by TBF Ltd. which employed non-union printers. D. Ltd. claimed interlocutory injunctions to restrain the NUJ from instructing or encouraging these members to withhold their services in breach of their contracts of employment thereby inducing breaches of, or interfering with, the printing contract between D. Ltd. and TBF Ltd. and the contracts between D. Ltd. and advertisers in their newspapers. Decision The evidence made

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1977

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off