Economic Torts and Labour Law: Old Principles and New Liabilities

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Abstract
What forms of economic coercion should the law permit in the conflict between labour and capital? This is a fundamental question to ask in any developed economy. It is also hotly disputed, particularly in Britain where, in the last ten years especially, successive governments have attempted to redefine the legality of strike action to reflect their own views of what society should tolerate. As every student of labour law knows, the liberty to strike in Britain has been created by Parliament giving unions and workers a series of immunities from judge-made liabilities, and the scope of that liberty can be altered by expanding or restricting the immunities accordingly. This perhaps suggests a simple control mechanism for adjusting at will the boundary between lawful and unlawful industrial action. But the description is deceptively simple and any such conception is grossly misleading.

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