Merkur Island Shipping v. Laughton and ors. (The Hoegh Apapa) - House of Lords - 21 April 1983

ITF’s blacking of vessel “unlawful”

The House of Lords has dismissed the ITF’s appeal in this case. (For the facts, see LMLN 81 - 9 December 1982 and LMLN 57 - 7 January 1982.) Their Lordships agreed with the Court of Appeal and Parker J. that the ITF’s actions in persuading tugmen to refuse to move the Hoegh Apapa out of dock at Liverpool amounted to “unlawful” secondary action within the meaning of section 17 of the Employment Act 1980 and therefore the ITF was deprived of the protection conferred by section 13 of the Trade Union and Labour Relations Act 1974.