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Rookes v Barnard
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Rookes v Barnard : ウィキペディア英語版
Rookes v Barnard

''Rookes v Barnard'' () (UKHL 1 ) is a UK labour law case and the leading case in English law on punitive damages and was a turning point in judicial activism against trade unions.
The case was almost immediately reversed by the Trade Disputes Act 1965 insofar as it decided on economic torts, although the law on punitive damages remains authoritative.
==Facts==
Douglas Rookes was a draughtsman, employed by British Overseas Airways Corporation (BOAC). He resigned from his union, the Association of Engineering and Shipbuilding Draughtsman (AESD), after a disagreement. BOAC and AESD had a closed shop agreement, and AESD threatened a strike unless Rookes resigned also from his job or was fired. BOAC suspended Rookes and, after some months, dismissed him with one week's salary in lieu of proper notice.
Rookes sued the union officials, including Mr Barnard, the branch chairman (also the divisional organiser Mr Silverthorne and the shop steward Mr Fistal). Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means.

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