Actionable Torts in UK Law

  • The Power of the Freezer
    • JD Supra United Kingdom
    In a helpful decision for claimants, the UK Supreme Court has confirmed that conspiring to breach a Freezing Order constitutes “unlawful means” for the purposes of the tort of Unlawful Means Conspi...
    ... ... Conspiracy is one of a group of torts commonly known as economic torts and allows a party to recover damages ... or fiduciary duties, breach of civil statutory duties, torts actionable by third parties (other than the claimant) and criminal acts. Which of ... ...
  • Threats Of IP Infringement And The Amendments To S70 Patents Act
    • Mondaq United Kingdom
    ... ... provision making unjustifiable threats of infringement actionable being incorporated in the Patents, Designs and Trade Marks Act of 1883 ... Several common law torts can, and have been, used to achieve much the same result as the statutory ... ...
  • Threats Of IP Infringement And The Amendments To S70 Patents Act
    • Mondaq United Kingdom
    ... ... provision making unjustifiable threats of infringement actionable being incorporated in the Patents, Designs and Trade Marks Act of 1883 ... Several common law torts can be, and have been, used to achieve much the same result as the ... ...
  • Michael Douglas Photo Exclusive And Other Stories
    • Mondaq United Kingdom
    ...House of Lords re-defines the law on economic torts and commercial confidentiality: OBG v Allan; Douglas v Hello! Limited; and ... any photographs of the wedding, and that was, in his view, an actionable right of confidentiality which Hello! had breached ... In one of the two ... ...
  • Collude, Get Sued (And You May Even Be Held Personally Liable)
    • Mondaq UK
    ... ... Claimant's case: ... The claimant claimed under three economic torts: ... Inducing breach of contract Unlawful interference Unlawful means ... the contract to completion, meant that there had been mere non-actionable prevention, not inducement. They relied on a defence of justification and ... ...
  • Dissipation of Assets May be Tort Under English Law: Marex Financial Limited v. Carlos Sevilleja Garcia [2017] EWHC918
    • JD Supra United Kingdom
    There is a joke that freezing injunctions are dangerous to heath. They appear to be carcinogenic, as people subject to them often tell the Court they are too ill to engage with proceedings.
    ... ... the Claimants economic interests (some of the so-called “economic torts”) ... The defendant argued that no tort of unlawful violation of ... enforcement of a foreign court judgment could also create an actionable wrong under English law ... There are powerful lessons to be learned ... ...
  • UK Supreme Court Gives Boost To Creditors: Bar On Recovery Of "reflective Loss" Relaxed In Sevilleja V Marex Financial Ltd
    • Mondaq UK
    ... ... wanted to pursue (known as "economic torts") would be ... left with little application in situations in which the ... a result of actionable loss suffered by their company. Other ... claims, whether by a shareholder ... ...
  • UK Supreme Court gives boost to creditors: bar on recovery of “reflective loss” relaxed in Sevilleja v Marex Financial Ltd
    • JD Supra United Kingdom
    The rule against reflective loss bars claims against wrongdoers by shareholders of a company (for instance for the diminution in the value of their shareholding) where the shareholder’s loss is mer...
    ... ... , claims of the type Marex wanted to pursue (known as “economic torts”) would be left with little application in situations in which the Judge ... they receive as shareholders being diminished, as a result of actionable loss suffered by their company. Other claims, whether by a shareholder or ... ...
  • Ensuring Swift Enforcement In Digital Markets
    • Mondaq UK
    ... ... actionable harm has to be identified, causation proved, and ... evidence adduced ... or torts). Interlocutory court orders are granted to preserve the ... status quo ... ...
  • UK Supreme Court Narrows Scope of “Reflective Loss” Principle
    • LexBlog United Kingdom
    The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value. By Oliver Middleton and...
    ... ... Marex claimed against MrSevilleja in respect of the torts of: (i) knowingly inducing and procuring the Sevilleja Companies to act in ... loss, as articulated in Prudential, as where a company suffers actionable loss, and that loss results in a fall in the value of its shares (or in ... ...
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