Associated Newspapers Group Ltd v Wade
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE LAWTON,LORD JUSTICE GEOFFREY LANE |
| Judgment Date | 03 April 1979 |
| Judgment citation (vLex) | [1979] EWCA Civ J0403-1 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | 1979 A. 886 |
| Date | 03 April 1979 |
[1979] EWCA Civ J0403-1
In The Supreme Court of Judicature
Court of Appeal
On Appeal from The High Court of Justice
Queen's Bench Division
(Mr. Justice Smith)
The Master of the Rolls (Lord Denning)
Lord Justice Lawton and
Lord Justice Geoffrey Lane
MR. P. SCOTT, Q.C. and MR. T.E. WALKER (instructed by Messrs. Slaughter &. May) appeared on behalf of the first group of Plaintiffs (Respondents).
MR. D. HENRY, Q.C. and MR. T.R.A. MORISON (instructed by Messrs. Freshfields) appeared on behalf of the second group of Plaintiffs (Respondents).
MR. A. IRVINE, Q.C. and MR. M. STRACHAN (instructed by Messrs. Theodore Goddard) appeared on behalf of the third group of Plaintiffs (Respondents).
MISS C. ALTON (instructed by Messrs. Pinsent & Co.) appeared on behalf of the fourth group of Plaintiffs (Respondents).
MR. M. BURTON (instructed by Messrs. Nicholson Graham & Jones) appeared on behalf of the fifth group of Plaintiffs (Respondents).
MR. R. ALEXANDER, Q.C. and MR. N. LYALL (instructed by Messrs. Lovell White & King) appeared on behalf of the sixth group of Plaintiffs (Respondents) in Action 1979 B. 130.
MR. R. ALEXANDER. Q.C. and MR. N. LYALL (instructed by Messrs. Paisner & Co.) appeared on behalf of the Plaintiffs (Respondents) in Action 1979 T. 547.
MR. M. HEALD, Q.C. and MR. M. STRACHAN (instructed by Messrs. Trower Still & Keeling) appeared on behalf of the seventh group of Plaintiffs (Respondents).
MR. C. CARR (instructed by Messrs. Lawford & Co.) appeared on behalf of the eighth Plaintiffs (Respondents).
MR. I. McLAREN (instructed by Messrs. Sharpe Pritchard & Co.) appeared on behalf of the ninth Plaintiffs (Respondents).
MR. S. GOLDBLATT, Q.C. and MR. R. FIELD (instructed by Messrs. Kershaw Gassman & Matthews) appeared on behalf of the Defendant (Appellant) Joseph Wade.
The National Graphical Association is a very powerful trade union. It is powerful because it operates a "closed shop" throughout a great part of the printing industry. Its leaders can order the workers not to print articles or advertisements for any publication they select: and the workers have no option but to obey. If they disobey they face expulsion from the union, and, as it is a "closed shop", they could be put out of their livelihood forever. No employer can do this.
Three weeks ago the union issued an order to all its branches. Its members were to "black" any advertisements of 16 major organisations. This meant that their advertisements were not to appear in any of the publications in this country. Not in the national newspapers, nor in any local newspapers, nor in any magazines or periodicals. This order came as a "bolt from the blue". The newspapers had no prior notice of it. They had committed themselves to space for the advertisements: and were not allowed to fill it. Some of the newspapers came out with big blank spaces. A half page quite empty. Others got out alternative material at short notice.
The damage thus being done to the newspapers and other publications was colossal. They depend for their revenue on advertisements. Cut it off and they bleed to death. Similarlywith advertisers. They depend on their advertisements - not only to promote sales - but also to recruit staff.
The situation was so menacing that the publishers and advertisers came post haste to the courts, None of them had any quarrel with the trade union. None of them had any quarrel with the printers or their own men. Whatever dispute there was, it was no concern of theirs. Yet here they were being subjected to colossal damage. They sought an injunction to restrain the blacking - until the lawfulness of it could be tried out. They sued the general secretary of the union Mr. Joe Wade. In accordance with the statute he was given notice of the application and was given an opportunity of being heard. He claimed that he acted in contemplation or furtherance of a trade dispute. The judge heard the application for some days but, as it looked like going on a good deal longer, he granted an injunction for the time being. Mr. Goldblatt, Q.C. on behalf of Mr. Wade applied to discharge it. The judge refused. Mr. Goldblatt came at once to this court. It was late on Friday afternoon, the 23rd March. On the Monday morning, the 26th March, we started hearing this appeal. We have heard it fully for 6 ½ days: and now come to give judgment. Being an interlocutory case, the views which we express - on the facts or on the law - must be regarded only as provisional. But, as a decision is necessary, we must do the best we can.
Before I go further, I would express our appreciation for the assistance we have received from the Bar on all sides. Rarely have we had such an array of talent before us.
WHY THE UNION DIP IT
The very first question is: Why did the National Graphical Association order this blacking? I will tell. The National Graphical Association have long evinced great hostility toa group of local newspapers in the Nottingham area. It is run by T. Bailey Forman of Nottingham. The chief newspaper in the group is the "Nottingham Evening Posts", but they have others in that area. They are different from other...
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