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The Province of OBG v Allan Determined: The Economic Torts Return to the House of Lords

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Abstract:

This article examines the decision of the House of Lords in Total Network SL v Customs and Excise Commissioners [2008] UKHL 19 concerning the economic torts. The House of Lords examined the tort of unlawful means conspiracy and held that "unlawful means" has a different, wider meaning in conspiracy than when it is used in the tort of causing loss by unlawful means. As a result, the importance of this tort has been elevated. It is argued here that the decision in Total leaves several questions unanswered, and the reasoning is difficult to reconcile with previous authorities, most notably OBG v Allan [2007] UKHL 21.

Document Type: Research Article

Publication date: July 1, 2009

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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