Duport Steels Ltd. v. Sirs

Facts

• Iron and Steel Trades Confederation called secondary action against private steel companies in support of a dispute with the nationalised British Steel Corporation
• Trade Union and Labour Relations Act 1974, Section 13: provided immunity for acts "in contemplation or furtherance of a trade dispute"
• Employer argued secondary action fell outside the scope of immunity

Issue

1. Whether courts may restrict clear statutory words based on perceived policy considerations or judicial views of fairness.

Held

• The statutory immunity was clearly worded and covered secondary action
• Lord Diplock: "Where the meaning of the statutory words is plain and unambiguous it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning"
• Courts must apply the law as enacted; reform is for Parliament
• Court of Appeal reversed; injunction discharged

Ratio Decidendi

Parliament alone legislates. Where statutory words are plain, courts must apply them as they stand. The temptation to restrict clear words because their application in a particular case seems wrong must be resisted. Judicial restraint requires fidelity to the enacted text.