October 3, 2025
Rookes v Barnard [1964] UKHL 1
A non-union employee was dismissed after union officials threatened an illegal strike in breach of a no-strike agreement. The House of Lords recognised the tort of intimidation based on a threat to breach a contract and established restrictive new categories for awarding exemplary damages. Facts The appellant, Mr Rookes, was a skilled draughtsman employed by the British Overseas Airways Corporation (B.O.A.C.) at London Airport. He was a member of the Association of Engineering and Shipbuilding Draughtsmen (A.E.S.D.), a registered trade union. Following a disagreement, Mr Rookes resigned from the union in November 1955. At the time, there was an informal