When will an injunction be obeyed implicitly?

Morgan, J.A., who delivered the court’s decision in disallowing the appeal, rejected the arguments of counsel for the union that his client had the right to be heard. He held that an injunction must be obeyed implicitly. In so holding, he applied the general rules cited by Rohmer, L.J., in Hadkinson v. Hadkinson, [1952] 2 All E.R. 567 (C.A.), at p. 569 that no application to the court by a person who disobeys a court order and is in contempt will be entertained until the applicant has purged himself of his contempt. Counsel for the union lays particular stress upon this application of that rule in N.A.P.E. contending it applies equally to the circumstances of this appeal.