Economic Torts in UK Law

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Leading Cases
  • Lonrho Plc (Original Respondents and Cross-Appellants) v Fayed and Others (Original Appellants and Cross-Respondents) (First Appeal); Lonrho Plc (Original Respondents and Cross-Appellants) v Fayed and Others (Original Appellants and Cross-Respondents) (Second Appeal)
    • House of Lords
    • 15 Octubre 1991

    But when conspirators intentionally injure the plaintiff and use unlawful means to do so, it is no defence for them to show that their primary purpose was to further or protect their own interests; it is sufficient to make their action tortious that the means used were unlawful.

  • OBG Ltd and another v Allan and Others
    • House of Lords
    • 02 Mayo 2007

    To be liable for inducing breach of contract, you must know that you are inducing a breach of contract. It is not enough that you know that you are procuring an act which, as a matter of law or construction of the contract, is a breach. Nor does it matter that you ought reasonably to have done so. He took the information in the honest belief that the employee would not be in breach of contract.

  • Crofter Hand Woven Harris Tweed Company v Veitch
    • House of Lords
    • 15 Diciembre 1941

    It is enough to say that if there is more than one purpose actuating a combination, liability must depend on ascertaining the predominant purpose. If that predominant purpose is to damage another person and damage results, that is tortious conspiracy. If the predominant purpose is the lawful protection or promotion of any lawful interest of the combiners (no illegal means being employed), it is not a tortious conspiracy, even though it causes damage to another person.

  • JSC BTA Bank v Khrapunov
    • Supreme Court
    • 21 Marzo 2018

    The successful pursuit of commercial self-interest necessarily entails the risk of damaging the commercial interests of others. Identifying the point at which it transgresses legitimate bounds is therefore a task of exceptional delicacy. The elements of the four established economic torts are carefully defined so as to avoid trespassing on legitimate business activities or imposing any wider liability than can be justified in principle.

    By comparison, legal duties in tort or equity will commonly and contractual duties will always be specific to particular relationships. The character of these relationships may vary widely from case to case. For present purposes it is unnecessary to say anything more about unlawful means of these kinds.

  • HM Revenue and Customs v Total Network SL
    • House of Lords
    • 12 Marzo 2008

    The circumstances must be such as to make the conduct sufficiently reprehensible to justify imposing on those who have brought about the harm liability in damages for having done so. Bearing that in mind, the proposition that a combination of two or more people to carry out a scheme that is criminal in its nature and is intended to cause economic harm to some person does not, when carried out with that result, constitute a tort actionable by that person is, in my opinion, unacceptable.

  • Meretz Investments NV v ACP Ltd
    • Court of Appeal (Civil Division)
    • 11 Diciembre 2007

    Just as the tort of conspiracy to induce breach of contract is not committed if the defendant believes that the outcome sought by him will not involve a breach of contract ( Mainstream v Young), so a defendant should not be liable for conspiracy to injure by unlawful means if he believes that he has a lawful right to do what he is doing.

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Legislation
  • Crime and Courts Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ......SCH-9.133 .   . 133 In the Torts (Interference with Goods) Act 1977- . . (a) in section 4(4)- . (i) for ... . (a) adding an offence of financial or economic crime;. . . (b) removing an offence. 3 . Consequential and ......
  • Civil Jurisdiction and Judgments Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ......torts to immovable property. 30 Proceedings in England and Wales or Northern ... High Contracting Parties to the Treaty establishing the European Economic Community, . Desiring to implement the provisions of Article 220 of that ......
  • The Dover Harbour Revision Order 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... Goods published by the United Nations in 1989 and endorsed by the Economic and Social Council by Resolution 1989/104 under reference number ... 17. The Board shall be liable in respect of torts committed by members of their police force (appointed pursuant to section ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... an order under sub-paragraph (c);(e) an order under section 4 of the Torts (Interference with Goods) Act 1977(  28 ) to deliver up goods;(f) an ... be effected in a country which is a member State of the European Economic Community;(q) the claim is made under the Drug Trafficking Offences Act ......
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Books & Journal Articles
  • Rethinking the Economic Torts
    • Núm. 72-4, Julio 2009
    • The Modern Law Review
    We propose a revised conceptual basis for the economic torts which is true to their historical role of regulating the competitive process. Claims that the economic torts are part of a wider princip...
  • Reviews
    • Núm. 65-3, Mayo 2002
    • The Modern Law Review
    Books reviewed: Foster, The Ethics of Medical Research on Humans Vidmar, World Jury Systems Simpson, Human Rights and the End of Empire. Britain and the Genesis of the European Convention Carty, An...
    ......Conor Gearty* Hazel Carty , An Analysis of the Economic Torts , Oxford: Oxford University Press, 2001, xxx + 295pp, hb £40.00. ......
  • Reviews
    • Núm. 62-2, Marzo 1999
    • The Modern Law Review
    Books reviewed: McCoubrey: The Obligations to Obey in Legal Theory Halpin: Rights and Law: Analysis and Theory Harrison: Good Faith in Sales Weir: Economic Torts Prosser: Law and the Regulators Goo...
    ......Roger Brownsword* Tony Weir , Economic Torts , Oxford: Clarendon Press, 1997, xiii + 130pp, hb £17.99. Weir’s ......
  • Libel: Its Purpose and Reform
    • Núm. 74-6, Noviembre 2011
    • The Modern Law Review
    Discussion of libel often fails to define defamation law's purpose and thus properly to assess its value. This article argues that defamation's purpose relates to fundamental human interests in soc...
    ......’ libel, ho wever , often protects not sociality but purely economic interests.The article thereforeargues that the protection of libel law , s opposed to that offered b y malicious falsehood and the economic torts, should be withdrawn from purely economic reputation,starting with ......
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Law Firm Commentaries
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