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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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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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