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Unlawful Means Conspiracy and Knowledge of Unlawfulness – Continued Chaos
Matthew Bradley of 4 New Square considers whether a claimant must prove knowledge of the fact of unlawfulness on a defendant’s part, in order to establish an unlawful means conspiracy.
This article discusses two divergent first instance decisions handed down in February and May 2019 (Stobart Group v Tinkler and The Racing Partnership Ltd v Done Brothers), each of which follows a different line of Court of Appeal authority on the point. It addresses how this set-to goes to the very heart of the tort of unlawful means conspiracy, and the potential implications for litigants seeking to bring claims in the economic torts.