Bank Notes

U - Unlawful means conpiracy

14/5/20

BARROWFEN PROPERTIES LTD v PATEL [2020] EWHC 1145 (Ch)

Summarises requirements for pleading fraud/dishonetsy [7], dishonest assistance [8], deceit [9] and unlawful means conspiracy [10].

26/7/18

CMOC SALES & MARKETING LTD v PERSONS UNKNOWN [2018] EWHC 2230 (Comm)

Considers the proof required in fraud claims where the defendants do not engage in the litigation process or appear at trial and service has been effected by alternative means including by Facebook Messenger and WhatsApp. A thief of stolen funds is to be treated as a fiduciary holding the funds on constructive trust [76]. Summarises requirements for claims of dishonest assistance [89] and unlawful means conspiracy [92]. Knowledge required to establish dishonest assistance and conspiracy does not require it to be shown that the defendant intended to injure an identified victim. It is sufficient if the defendant knows that there is a victim [117]. Also summarises requirements for claims of knowing receipt [128] and unjust enrichment [140]. Where there are direct and indirect recipients, there is only one true recipient for the purpose of an unjust enrichment claim and the claimant can elect which to pursue. Compound interest is available for proprietary claims and knowing receipt but not for dishonest assistance. Costs incurred in pursuing orders from courts abroad can be claimed as damages [172].

5/7/17

CULLEN INVESTMENTS LTD v BROWN [2017] EWHC 1586 (Ch)

Directors acted in breach of the no conflict and no profits rules in ss 175-177 Companies Act 2006 by acquiring an interest in a competing undertaking. Also considers principles of unlawful means conspiracy [268].

28/9/15

CAPITAL FOR ENTERPRISE FUND A LP v BIBBY FINANCIAL SERVICES LTD [2015] EWHC 2593 (Ch)

Considers principles of unlawful means conspiracy. On the facts the case was not made out that a director of an insolvent company had conspired to transfer its assets to another company which he controlled.

20/2/15

BREITENFIELD UK LTD v HARRISON [2015] EWHC 399 (Ch)

Between them, a company director and others were liable for breach of contract, breach of fiduciary duty, unlawful means conspiracy and dishonest assistance in setting up a rival company.

14/10/15

EMERALD SUPPLIES LTD v BRITISH AIRWAYS PLC [2015] EWCA Civ 1024

Claims of unlawful conspiracy and interfering with business by unlawful means struck out [159], [167], [173-6].

6/2/15

JACKSON v THOMPSONS SOLICITORS [2015] EWHC 218 (QB)

Contains a useful summary of the law as to bias [14] and the torts of abuse of process [27], causing loss by unlawful means and unlawful means conspiracy [30], procuring a breach of contract [33] and deceit [36]. Claims that the defendant induced an ATE insurer to avoid cover and procured the failure of an application for a group litigation order failed on the facts.