Commercial fraud: Conspiracy
A Practice note providing guidance on the economic tort of conspiracy as a cause of action in commercial fraud claims. This Practice note examines the two types of civil conspiracy: lawful means and unlawful means. It outlines the elements common to both, including the need for an agreement, concerted action, and resulting damage. The note then delves into the specific requirements for each type of conspiracy, highlighting the crucial distinction in the defendants' mental state, from a predominant purpose to injure in lawful means conspiracy cases to an intention to injure for unlawful means conspiracy. It explores what constitutes "unlawful means," drawing on key case law, and addresses the level of knowledge required by a conspirator. Practical considerations discussed include the advantages and disadvantages of pleading conspiracy, the burden of proof, causation, the calculation of damages, and potential defences. This Practice note also touches upon jurisdictional issues relevant to cross-border conspiracy claims, offering valuable insights for practitioners navigating this complex area of litigation.
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