Rookes v. Barnard 1964 House of Lords
Rookes worked for BOAC (British Airways), he resigned from the Trade Union.
There had been an informal agreement between BOAC and the TU: every employee should belong to the TU.
The employees forced BOAC to dismiss him from his jobs; they striked although there was a no-strike clause in BOAC contracts.
The strike-threatening was an intimidation (new tort).
The judges told the jury to give L 7,500 exemplary damages; the HL brought the case down to L 4,000.
For a tort of intimidation you need:
- threat or force constituting an unlawful act (here: no-strike agreement)
- submission to the threat
- damage (he lost his job)
The case became a 'political football'. Trade Dispute Act (1965) which gave immunity to the TU (Labour government!); but 1974 there was a change. It's also the leading case for aggravated damages.