Following the decisions in OBG Ltd & Ors v Allan & Ors [2007] UKHL 21, Meretz Investments NV & Anor v ACP Limited & Ors [2007] EWCA Civ 1303 and Total Network SL v HMRC [2008] UKHL 19, the main economic torts are now: procuring a breach of contract; causing loss by unlawful means; and conspiracy (lawful means and unlawful means). It is also probable that the tort of intimidation continues to exist as a separate tort in situations involving two parties, although none of the above decisions expressly answered this question.
The first part of this two–part article sought to simplify the key findings in those cases. This second part provides an overview of the new landscape for economic torts and identifies some areas which are likely to see further developments in the future.
Business Law Review