Economic tort of unlawful interference

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

  • Economic tort of unlawful interference
  • What is the tort of unlawful interference?
  • Key elements of the economic tort of unlawful interference
  • Interference with a trade or business required
  • Use of unlawful means against a third party required
  • The dealing requirement
  • Intention to injure the claimant required
  • Damage must have occurred
  • Is there a defence to a claim of unlawful interference?
  • Remedies
  • More...

Economic tort of unlawful interference

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be unacceptable.

For guidance on claims for:

  1. procuring a breach of contract, see Practice Note: The tort of procuring a breach of contract

  2. intentional violation of rights in a judgment debt, see Practice Note: The Marex tort (interference with a judgment debt)

  3. conspiracy (both by lawful and unlawful means), see Practice Note: Economic tort of conspiracy

Civil claims involving fraud and dishonesty often rely on pleading one or more of the economic torts, on which see Practice Note: Civil fraud—causes of action (heads of claim).

What is the tort of unlawful interference?

Causing loss by unlawful means exists where the defendant interferes with an economic interest of the claimant by unlawful means, the object and intention of which is to cause loss to the claimant and loss is caused to them (OBG v Allan, Future Investments v Federation Internationale).

Establishing such a claim is not dependent on the existence of contractual relations, so that it is sufficient if the defendant’s intended consequences of their wrongful acts is damage to the claimant in any form, including the claimant’s economic expectations (OBG). However, as confirmed by the Supreme Court in Secretary of State for Health v Servier, a necessary element is that the

Related documents:

Popular documents