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29 May 2008 / Gregory Mitchell
Issue: 7323 / Categories: Features , Regulatory , Constitutional law , Commercial
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Conspiracy: a wide ranging tort

Gregory Mitchell QC examines the ambit of the tort of conspiracy following a recent House of Lords' case

Economic tort used to be a legal backwater, in which interlocutory skirmishes against trade unions (Thomson v Deakin [1952] Ch 646, [1952] 2 All ER 361; Merkur Island Corp v Laughton [1983] 2 AC 570, [1983] 2 All ER 189), and a small number of disparate cases, such as the long running dispute over the acquisition of the House of Fraser (Lonrho v Fayed [1992] 1 AC 448, [1991] 3 All ER 303), were fought out, with occasional decisions by the House of Lords (HL). Economic tort has now been propelled into the forefront of commercial litigation as shown by the plethora of recent cases in the HL and in the Court of Appeal (CA).

This increase in importance of economic tort in commercial litigation is driven by at least two factors:

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    (i)     litigators are increasingly testing the boundaries
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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