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Court of Appeal dismisses BA appeal for injunction to prevent industrial action


The Court of Appeal has dismissed British Airways’ appeal against the judgment of Mrs Justice Elizabeth Laing, in which she refused their application for an injunction to prevent industrial action by the British Air Lines Pilots Association (BALPA).  That case was heard on 23 July and concerned the statutory construction of various sections of the Trade Union and Labour Relations (Consolidation) Act 1992 and the requirements placed on unions to comply with ballot notices, in particular the interpretation of s.226A.  The Court of Appeal, which handed down judgment on 31 July, accepted BALPA’s argument that the obligation on a union was to provide information about the general categories of employees, which – by providing pilots’ ranks – they had done in this case.  Michael Ford QC, Simon Cheetham QC and Jack Mitchell, instructed by David Hunt and Alice Yandle of Farrer & Co, represented BALPA.

BALPA, BA, union, industrial action, Michael Ford, Simon Cheetham, Jack Mitchell

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