Source: All England Reporter
Publisher Citation: [2016] All ER (D) 112 (Dec)
Neutral Citation: [2016] EWCA Civ 1309
Court: Court of Appeal, Civil Division

Elias, Lewison and Lloyd Jones LJJ

Representation Hugh Mercer QC, John Cavanagh QC, Iain Quirk and Jennifer MacLeod (instructed by Eversheds LLP) for GTR.
  Oliver Segal QC, Katherine Apps, Stuart Brittenden and Nadia Motraghi (instructed by Thompsons LLP) for ASLEF.
Judgment Dates: 20 December 2016


Industrial relations - Industrial dispute - Legality of strike action - Proceedings concerning proposed introduction of driver-only operated passenger trains on Southern Rail - Respondent train drivers' union seeking to carry out strike action - Appellant rail company applying for injunction to prevent strike action - Application being dismissed - Appellant appealing - Whether unlawful interference with the right of establishment occurring - Whether breach of right to provide and receive services occurring - Treaty of the Functioning of the European Union, arts 49, 56.

The Case

Industrial relations Industrial dispute. The Court of Appeal, Civil Division, dismissed the appellant rail company's appeal against a finding that it was not entitled to an injunction to block a planned strike by the defendant train drivers' union in connection with a dispute concerning the use of driver-only trains. The court held that the appellant's contentions under arts 49 and 56 of the Treaty on the Functioning of the European Union failed, and there were no legal grounds upon which it was entitled to the injunction.

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