Case - Wise & Anor v USDAW

[1996] ICR 691, High Court - Lord Hendy QC, Michael Ford QC

Claim by union members for relief concerning decisions of the executive committee of the Council of the Union as follows:- (1) that the decision that a minimum threshold of 25 branch nominations on candidates for the office of general secretary was in breach of union rules and null and void; (2) that the decision of the executive council on 14/11/95 to call elections for membership of the executive council with balloting during March 1996 but the appointment of successful candidates to be deferred until the annual delegate conference in 1997 was in breach of the rules and null and void; (3) an injunction restraining the union until after judgment from taking or continuing or directing or permitting the election and/or any further steps for the office of general secretary so long as it remained a condition for such election that candidates are obliged to have the nomination of more than one branch of the union and (4) a similar injunction to restrain the union taking any further steps in the election of the president and representatives on the executive council prior to the annual delegate meeting in 1996. HELD: The plaintiffs were entitled to require that the executive did not act on decisions outside its powers. Declarations granted. As the plaintiffs were satisfied that the union will not seek to take any step which the court has held to be unlawful, the injunctions would not be made.

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