Why surprised about overturning injunction?27 Nov 2019 18:47
I concede there is only a slim chance that the injunction might get overturned after the appeal, but, if it does...why surprised? It is my own contention that Mr Justice Swift made, what is commonly known as, "an error of law" when he gave his ruling. If I recall, during his summing up, he said that one of the considerations that had helped sway his decision was the fact that the Royal mail had a lawful obligation to deliver the voting papers for a general election. What he failed to recognize was not only did the CWU organize its ballot long before anyone ever mentioned a general election but also the fact that the legal obligation lies with RMG...not the CWU. If RMG does not have an available, at the required time, workforce to deliver any general election material...then it would have to recruit one. The obligation has nothing whatsoever to do with the CWU - period!