Economic torts

by Practical Law Dispute Resolution and Gregory Mitchell KC, 3 Verulam Buildings

A Practice note that provides guidance on the group of causes of action known as the economic torts, which are based on intentional conduct causing injury to a claimant's economic interests. This Practice note examines the core torts of inducing or procuring a breach of contract, causing loss by unlawful means, and intimidation, emphasising that the defendant's subjective intention and knowledge are critical elements for establishing liability. It explores the landmark decision in OBG Ltd v Allan [2007] UKHL 21, which clarified the distinction between inducing breach of contract and causing loss by unlawful means, and discusses the continuing uncertainty regarding the scope of "unlawful means". This Practice note also addresses the development of the "Marex tort", concerning the inducement of a violation of rights under a judgment. It provides practical insights into potential remedies, the defence of justification, and strategic considerations when deciding whether to plead a claim in economic tort, which can be difficult to prove.