(1)Where—
(a)an application for an injunction or interdict is made to a court in the absence of the party against whom it is sought or any representative of his, and
(b)he claims, or in the opinion of the court would be likely to claim, that he acted in contemplation or furtherance of a trade dispute,
the court shall not grant the injunction or interdict unless satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the application and an opportunity of being heard with respect to the application have been given to him.
(2)Where—
(a)an application for an interlocutory injunction is made to a court pending the trial of an action, and
(b)the party against whom it is sought claims that he acted in contemplation or furtherance of a trade dispute,
the court shall, in exercising its discretion whether or not to grant the injunction, have regard to the likelihood of that party’s succeeding at the trial of the action in establishing any matter which would afford a defence to the action under section 219 (protection from certain tort liabilities) or section 220 (peaceful picketing).
This subsection does not extend to Scotland.