Conspiracy, unlawful interference and procuring breach of contract—comparison
Conspiracy, unlawful interference and procuring breach of contract—comparison

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Conspiracy, unlawful interference and procuring breach of contract—comparison
  • Who is the claim against?
  • Key elements of the claim
  • Intention and/or knowledge
  • Remedies
  • Recognised defences
  • Practical considerations
  • Limitation
  • Pleading the claim
  • Interim and urgent ancillary relief

This Practice Note on economic torts compares in summary form the distinguishing features of pursuing claims for lawful means conspiracy, unlawful means conspiracy, unlawful interference and procuring a breach of contract. For detailed guidance on each of the different torts, see Practice Notes:

  1. Economic tort of conspiracy

  2. Economic tort of unlawful interference

  3. The tort of procuring a breach of contract

Such claims can often (though need not) involve a party’s fiduciary or agent, including company directors, for further guidance, see Practice Notes:

  1. Claims against directors—key considerations for dispute resolution practitioners

  2. Agency for dispute resolution practitioners

  3. Fiduciary Duties

In addition, these types of claim are often pursued as part of a claim involving some element of ‘civil fraud’, on which, see Practice Note: Starting a civil fraud claim—a practical guide and related content. Such third parties may be liable, eg by way of accessory liability, see Practice Note: Knowing receipt and dishonest assistance claims.

Who is the claim against?

Lawful means conspiracyUnlawful means conspiracyUnlawful interferenceProcuring breach of contract
Primary defendant(s)—any party who combines with another/others as part of a conspiracy. It may be that accessory liability (such as for knowing receipt and/or dishonest assistance) is alternatively/additionally established in relation to participants in the conspiracy.Primary defendant(s)—any party who combines with another/others as part of a conspiracy. It may be that
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