The Lord Chief Justice said
It must be resolved by negotiation. Legal processes do not constitute mediation. To the contrary, they often serve to inflame rather than to mollify the feelings of those involved as they are in this case.
Lady Justice Smith said
I consider that the policy of this part of the Act is not to create a series of traps or hurdles for the Union to negotiate. It is to ensure fair dealing between employer and Union and to ensure a fair, open and democratic ballot.
and Lady Justice Smith went on to say
If it were not so, the rights of workers to withhold their labour would be seriously undermined.
However the third Judge - The Master of the Rolls - said enough IMO to encourage BA to take the case farther.