Appeal Court hears of `no-go area of law'
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• The lorries of hundreds of transport companies had been "blacked" at docks at Merseyside and Hull, but only three had brought court proceedings, 'a QC told the Appeal Court on Monday.
The docks had become a "no-go" area of the law, said Mr Richard Yorke, QC, for the three companies.
It was the fifth day of the appeal by the Transport and General Workers' Union against decisions of the National Industrial Relations Court over the "blacking" of container lorries at Liverpool and Hull docks.
Last Friday. the NIRC suspended the injunctions made against the union banning the "blackingof lorries. The injunctions will remain suspended until the Appeal Court gives judgment on the union's appeals.
If the Court of Appeal upholds the N I RC's orders "we shall expect prompt and effective compliance by the union with our orders.said the President, Sir John Don aIdson
The union is appealing against eight decisions of the Industrial Court and is challenging findings of contempt of court made against them with fines totalling £55,000 for breaking the court's order to lift the blacking of lorries of Heatons Transport (St Helens) Ltd, and Craddock Brothers. of Wolverhampton.
'[hey are also appealing against the Industrial Court's refusal to vary the decisions on review, and the court's decision that the union was liable to the companies for an unfair industrial practice in causing the companies to he in breach of their contracts with customers,
Mr Yorke told Lord Denning (Master of the Rolls) and Lords Justices Buckley and Roskill: "But you must apply the law fearlessly whatever the consequences. You must bear in mind that, on the evidence, the employers and the Dock Labour Board are afraid to apply disciplinary measures. They are frightened, In effect. the dock; have become a no-go area of the law."
On Tuesday, the Appeal Court continued hearing legal argument. The case was not expected to finish before the end of the week.
In view of the new legal issues involved in interpreting the Industrial Relations Act, the judges will probably reserve judgment to a -later date.