In early 1977 the
Union of Post Office Workers decided to boycott all telephone calls, mail and telegrams to and from
South Africa, in order to protest against
apartheid. Gouriet, for the National Association For Freedom, applied for an injunction to prevent the boycott under the
Post Office Act 1953 which made it illegal to impede the mail.
Attorney General Samuel Silkin refused consent for what was called a 'relator action'; Gouriet went to court to challenge the refusal, and also issued a writ against the UPW in his own name anyway which was immediately turned down. He lost his challenge to Silkin's refusal in the High Court but immediately appealed; in the
Court of Appeal,
Lord Denning granted a temporary injunction, summoned Silkin, and said that it was "very doubtful whether the Attorney General had directed himself properly". When Silkin appeared in Court, he insisted that the Court of Appeal had no power to examine his reasons for refusing Gouriet consent, because this was the role of Parliament. After a four-day hearing, Gouriet succeeded in establishing that an individual could challenge the Attorney General's refusal, in overturning the refusal in the immediate case, and in obtaining a permanent injunction. Lord Denning quoted the words of
Thomas Fuller, 'Be you ever so high, the law is above you'. This court defeat was highly embarrassing and Silkin was jeered with shouts of "resign" when he came to Parliament to explain. Silkin successfully appealed to the
House of Lords. ==Grunwick==