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17 August 2012
Issue: 7527 / Categories: Case law , Law digest , In Court
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Employment

TCP Europe Ltd v Perry and others [2012] EWHC 1940 (QB), [2012] All ER (D) 52 (Aug)

In order to establish liability for dishonestly assisting, or knowingly assisting, a party acting in breach of a fiduciary obligation, it was necessary to demonstrate that the person providing the assistance was acting dishonestly, in the light of what he actually knew at the time, as distinct from what a reasonable person would have known or appreciated. It was necessary, in order to establish liability for inducing or procuring a breach of contract, to prove that the party alleged to have induced or procured the breach actually knew of the term or terms of the contract, breach of which was alleged to have been induced or procured. In order to be liable as a conspirator participating in a conspiracy to use unlawful means, a party had to at least be aware of the means intended to be used, aware that the use of those means would be unlawful and agree to the use of those means. There was sometimes a temptation

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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