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Employment

17 August 2012
Issue: 7527 / Categories: Case law , Law digest , In Court
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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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MOVERS & SHAKERS

Pillsbury—Peter O’Hare

Pillsbury—Peter O’Hare

Partner hire bolstersprivate capital and global aviation finance offering

Morae—Carla Mendy

Morae—Carla Mendy

Digital and business solutions firm appoints chief operating officer

Twenty Essex—Clementine Makower & Stephen Du

Twenty Essex—Clementine Makower & Stephen Du

Set welcomes two experienced juniors as new tenants

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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