Tuesday 19th – Wednesday 20th July 2022
By appellant’s notice filed on 2 July 2021, the appellant (second defendant below), Unite the Union, appeals, the order of Stuart Isaacs QC, sitting as a Deputy High Court Judge dated 24 June 2021, whereby he gave judgment for the Claimant on the preliminary issue, dismissed the Defendants’ application that the claim should be struck out and summary judgment given for the Defendants and made consequential costs orders.
The Claimant, Nexus, operates the Tyne and Wear Metro. It is an employer which recognises the trade union Defendants, National Union of Rail, Maritime and Transport Workers and Unite the Union, for the purposes of collective bargaining. The judgment dealt with a trial on the preliminary issue as to whether Nexus was estopped by cause of action estoppel and/or issue estoppel from seeking to rectify the collective agreement and an application by the Unions for strike out/summary judgment. The case concerns rates of pay for certain employees.
The first defendant below, National Union of Rail, Maritime and Transport Workers, also appeal the same order.