Hugh Mercer QC and Iain Quirk are in the Court of Appeal today seeking an injunction to restrain industrial action called by ASLEF on the Southern rail network. Strikes are due to start tomorrow, 13 December. As Sir Michael Burton said at first instance, the strike action will cause massive disruption to the public, with cancellation of trains carrying up to half a million passengers per day and substantial disruption to Gatwick Express.
GTR, the owner of the Southern franchise, argues that the industrial action infringes EU rights of freedom of establishment and freedom to provide services. Elias, Lewis and Lloyd Jones LJJ will hear the appeal.
Hugh Mercer QC and Iain Quirk are acting for GTR together with John Cavanagh QC and Jennifer MacLeod.