Injunctions preventing industrial action are interferences with the freedom to associate1 and must be justified2. In United Kingdom law the need to protect the freedom to undertake strike action is reflected in part by the disapplication of the 'balance of convenience' test3 in applications for interlocutory injunctions by employers4. It has long been recognised that, in the context of proposed industrial action, it is unjust to trades unions to determine the question in that way: the balance of convenience in strike cases almost always lies in favour of granting the injunction pending trial, given in particular the difficulty of
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