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Katherine Apps Wins in the Court of Appeal on behalf of ASLEF in Southern rail drivers’ strike application

Katherine Apps has won in the Court of Appeal acting on behalf of the ASLEF union, led by Oliver Segal QC and Stuart Brittenden of Old Square Chambers. At first instance, ASLEF successfully opposed an application by Govia Thameslink Railway (GTR) to injunct proposed strike action by Southern rail network drivers, relying on the cases of Viking and Laval. The case is significant in that no action has been previously brought in the English courts to seek to allege that industrial action should be restrained by reference to the European laws of freedom of movement.

The High Court found that there was no serious issue to be tried and that GTR’s attempt to circumvent the immunity granted by Parliament to trade unions by relying on the EU law of free movement to prevent a strike must fail. The high court judgment can be found HERE.

The Court of Appeal, delivering an ex tempore decision, rejected GTR’s appeal. The full judgment can be found HERE.

Katherine Apps was instructed by Thompsons solicitors.

To read an independent comment written by Jeremy McKeown (a pupil at Littleton) on this case and the background on Viking and Laval please click HERE.

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