Torquay Hotel Co Ltd v Cousins [1968] EWCA Civ 2 (17 December 1968)

Torquay Hotel Co Ltd v Cousins [1968] EWCA Civ 2 (17 December 1968)

The defendants, except the trade union itself, deliberately and directly interfered with the plaintiff's contractual relations for fuel supply, without justification and outside the protection of the Trade Disputes Act 1906, as there was no trade dispute between the union and the Imperial Hotel. Such interference is actionable at common law and warrants injunctive relief. Section 4 of the 1906 Act bars injunctive relief against the union itself, but not against individual officials.

Citation
[1968] EWCA Civ 2
Parties
Plaintiff/respondent: The Torquay Hotel Company Limited; Defendant/appellant: Frank Cousins; Defendant/appellant: H. R. Nicholas; Defendant/appellant: J. J. Jones; Defendant/appellant: H. A. Ray; Defendant/appellant: Ronald H. Nethercott; Defendant/appellant: James Pedley; Defendant/appellant: K. Lettis; Defendant/appellant: Transport and General Workers Union
Jurisdiction
England and Wales
Judgment Date
17 December 1968
Procedural Posture
Appeal (interlocutory Injunction) / Court of Appeal Judgment
Outcome
Appeal dismissed in part; injunction against individual defendants affirmed, but not against the trade union.
Legal Topics
Inducing Breach of Contract, Interference With Contractual Relations, Trade Union Immunity, Quia Timet Injunction, Trade Disputes, Force Majeure Clauses
Tort Law Labour Law Contract Law Inducing Breach of Contract Interference With Contractual Relations Trade Union Immunity Quia Timet Injunction Trade Disputes +1 more

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Parties

The Torquay Hotel Company Limited

Plaintiff/respondent

Frank Cousins

Defendant/appellant

H. R. Nicholas

Defendant/appellant

J. J. Jones

Defendant/appellant

H. A. Ray

Defendant/appellant

Ronald H. Nethercott

Defendant/appellant

James Pedley

Defendant/appellant

K. Lettis

Defendant/appellant

Transport and General Workers Union

Defendant/appellant

Procedural Posture

Appeal (interlocutory Injunction) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendants unlawfully interfered with the plaintiff's contractual relations for fuel supply
  2. 2 Whether there was a 'trade dispute' protecting the defendants under the Trade Disputes Act 1906
  3. 3 Whether an injunction can be granted against a trade union under section 4 of the Trade Disputes Act 1906

Ratio Decidendi

The defendants, except the trade union itself, deliberately and directly interfered with the plaintiff's contractual relations for fuel supply, without justification and outside the protection of the Trade Disputes Act 1906, as there was no trade dispute between the union and the Imperial Hotel. Such interference is actionable at common law and warrants injunctive relief. Section 4 of the 1906 Act bars injunctive relief against the union itself, but not against individual officials.

Court Disposition

Appeal dismissed in part; injunction against individual defendants affirmed, but not against the trade union.

Orders

  • Injunction granted against individual defendants restraining interference with plaintiff's fuel supply contracts.
  • Injunction not granted against the trade union due to statutory immunity under section 4 of the Trade Disputes Act 1906.