Hence the confusion...
THE MASTER OF THE ROLLS’ COURT COURT 71
Before THE LORD CHIEF JUSTICE OF ENGLAND & WALES
THE MASTER OF THE ROLLS and
LADY JUSTICE SMITH
Thursday, 20th May, 2010
At 9:30
FOR JUDGMENT
APPLICATION
C1/2010/1197 British Airways Plc -v- Unite The Union. Application of Defendant for permission to appeal.
Before LORD JUSTICE MOORE-BICK
LORD JUSTICE MOSES and
LORD JUSTICE MUNBY
Not Before 12 o'clock
APPLICATION
A2/2009/2293 Taylor-Forrest -v- Owen & Anr. Application of Defendant for permission to appeal with appeal to follow if granted.
BA had an injunction, awarded on the balance of convenience as Unite did not have a cast iron case if it went to full trial. It was not a decision on the law, purely an injunction until the trial.
In the end I consider the arguments as to whether the statute has been complied with give rise to properly arguable issues for trial. The matter is not so clear as Mr Hendy would in my view have it. I certainly cannot hold that the union's likelihood of success is overwhelming. I have regard to my assessment of the likelihood of success at trial, and at present I am inclined to think that the union may well have failed to put in place an adequately analysed system calculated to ensure that all reasonable steps were taken to communicate with relevant members as soon as reasonably practicable the relevant items of statutory information. The point to my mind is an arguable one.
So this morning has gone from whether Unite have the right to appeal the injunction to hearing the appeal against the injunction and also the trial of the legal case?