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29 May 2008 / Gregory Mitchell
Issue: 7323 / Categories: Features , Regulatory , Constitutional law , Commercial
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Conspiracy: a wide ranging tort

Gregory Mitchell QC examines the ambit of the tort of conspiracy following a recent House of Lords' case

Economic tort used to be a legal backwater, in which interlocutory skirmishes against trade unions (Thomson v Deakin [1952] Ch 646, [1952] 2 All ER 361; Merkur Island Corp v Laughton [1983] 2 AC 570, [1983] 2 All ER 189), and a small number of disparate cases, such as the long running dispute over the acquisition of the House of Fraser (Lonrho v Fayed [1992] 1 AC 448, [1991] 3 All ER 303), were fought out, with occasional decisions by the House of Lords (HL). Economic tort has now been propelled into the forefront of commercial litigation as shown by the plethora of recent cases in the HL and in the Court of Appeal (CA).

This increase in importance of economic tort in commercial litigation is driven by at least two factors:

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    (i)     litigators are increasingly testing the boundaries by turning to economic tort for a remedy
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Laytons ETL—Alec Cameron

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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