''Allen v Flood'' 898AC 1 is a leading case in

English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil law, rather than English criminal law, crimi ...

and

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. ...

on intentionally inflicted economic loss.

Facts

A trade union official told an employer his members would not work alongside the claimants. The employer was pressured to get rid of the claimants. For the loss of work, the claimants sued the trade union official. An important fact is that all the workers in the case were only hired day by day. Therefore, the trade union official had never threatened a

breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...

because the contracts began afresh with a new day's work..

Judgment

High Court

Kennedy J presided over the trial where the jury found that the plaintiffs had suffered damage to the extent of £20 each, and assessed the damage accordingly.

Court of Appeal

Lord Esher MR, Lopes LJ and Rigby LJ held that the action was maintainable against the district delegate.

House of Lords

The

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

held by a majority ( Lord Watson, Lord Herschell, Lord Macnaghten, Lord Shand, Lord Davey, and Lord James) that even though there was a malicious motive, this could not render the conduct unlawful, because the effect actually complained of (not rehiring) was in itself entirely lawful. As one of those invited to give an opinion, Cave J said the following. Giving the last judgment, Lord Davey said the following. Lord Halsbury LC, Lord Ashbourne and Lord Morris dissented.

Significance

''Allen v Flood'' has come under criticism in some quarters. In another leading

tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...

case in the context of union

strike action Strike action, also called labor strike, labour strike in British English, or simply strike, is a work stoppage caused by the mass refusal of employees to Working class, work. A strike usually takes place in response to employee grievances. Str ...

, '' Rookes v Barnard'', Lord Devlin expressed disapproval. However ''Allen v. Flood'' was approved by the House of Lords in the recent case of '' OBG v Allan.'' ''Allen v Flood'' also held that the earlier economic tort case of ''

Keeble v Hickeringill ''Keeble v Hickeringill'' (1707) 103 ER 1127 is a famous English property law and English tort law, tort law case about rights to wild animals. Facts Samuel Keeble (the plaintiff) owned property called Minott's Meadow, which contained a pond ou ...

'' was just a nuisance case, and not an economic torts case.

Notes

{{Law English tort case law House of Lords cases 1898 in case law 1898 in British law United Kingdom trade union case law