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

The following Dispute Resolution guidance 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

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 conspiracy Unlawful means conspiracy Unlawful interference Procuring 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
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