AB v CD
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| AB v CD | |
|---|---|
| Court | Court of Appeal |
| Citation(s) | [2001] IRLR 808 |
| Keywords | |
| Trade union, governance | |
AB v CD [2001] IRLR 808 is a UK labour law case, concerning the governance of trade unions in the United Kingdom.
Facts
The president of the National Union of Rail, Maritime and Transport Workers wanted a declaration that the election for the Council of Executives breached union rules. A single transferable vote would be used according to rule 13 but there was no provision for a tie scenario. Mr Tilley and Mr Grundy tied at the second round, and Mr Tilley was appointed because he had more first round votes, as the Electoral Reform Society rules would suggest. Lots of people disagreed, and Mr Grundy argued that the Electoral Reform Society rules should not be implied.
Judgment
Sir Andrew Morritt VC held that it was appropriate to imply the Electoral Reform Society rules and recommendations, as necessary to give efficacy to the contract.
