LIST OF CASES / EDF Energy Powerlink Ltd v National Union of Rail Maritime and Transport Workers HC 2009

[2009] EWHC 2852 (QB), High Court on 23rd October 2009, reported at [2010] IRLR 114

NOTES

EDF Energy Powerlink Ltd v National Union of Rail Maritime and Transport Workers [2009] EWHC 2852 (QB), High Court on 23rd October 2009 reported at [2010] IRLR 114.

The full text judgment in this case is available free of charge on the BAILII website

Representation:-

Timothy Brennan QC instructed by Lewis Silkin LLP for EDF Energy Powerlink Ltd, the claimant

John Hendy QC and Marcus Pilgerstorfer instructed by Thompsons for the Union.

Authority for the proposition that:-

the British Courts construe strictly the rules surrounding the requirements as to ballots of members (set out in TULRCA 1992, ss.226 - 234A) with which a trade union must comply if it is to be immune from liability for the results of any industrial action which may follow.

Leave to appeal was refused.

For relevant general notes see Trade union matters/ballots and/or Trade union matters/immunity from civil action in certain cases

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prepared Dec2009