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The scales of justice on a plain background

Duport Steels Ltd v Sirs

1980 · [1980] 1 WLR 142

Posted By lanbuk.com

Facts
During a steel strike the Court of Appeal granted against union leaders, taking a narrow view of the statutory immunity for acts in furtherance of a trade dispute.
Issue
Could judges narrow a clear statutory immunity because they thought its effects undesirable?
Held
The House of Lords discharged the injunctions. The statute's words were clear and had to be applied.
Principle
Parliament makes the law, and judges must apply clear statutes even if they dislike the result.
Why it matters
A key authority on the proper role of judges under the .

Words and Latin in this note

Separation of powers
The division of state power among the Legislature, the Executive and the Judiciary, so that no one organ holds all of it. The 1991 Constitution combines it with checks and balances. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.