726. Who may be liable.

726.     Who may be liable.

It has been held in the context of the corresponding provisions relating to patents that a claim lies against the person who makes the threat, whether or not he is a proprietor of the patent, for example a solicitor1: however proceedings in respect of an actionable threat2 may not be brought against a professional adviser (or any person vicariously liable for the actions of that professional adviser)3 if:

  1.  

    (1)     in making the communication the professional adviser is acting on the instructions of another person4; and

  2.  

    (2)