Conspiracy

Question 1

What is conspiracy?

Answer 1

Conspiracy amounts to multiple parties combining with the intention of injuring the pursuer.

Question 2

What are the two forms of conspiracy?

Answer 2

• Unlawful means
• Lawful Means

Question 3

What is the test for unlawful means conspiracy? (CIL)

Answer 3

1. A combination between defender and other parties, whereby at least one conspirator undertakes to use unlawful means against the pursuer.
2. Intention to use those unlawful means to harm the pursuer.
3. Loss is caused to the pursuer.

Question 4

Quote from Customs and Excise Commissioners v Total Network [2008]

Answer 4

Lord Walker: “criminal conduct engaged in by conspirators as a means of inciting harm on the claimant is actionable”

Question 5

What did Racing Partnership v Done Brothers [2021] establish?

Answer 5

That there is no need to establish that the conspirators knew the means they used were unlawful.

Question 6

Quote from Constantin Medien AG v Ecclestone [2014]

Answer 6

“…a relevant intention to injure will exist if a person desires to cause loss to a particular person or desires a result that he knows will cause that person loss…”

(If the loss isinseparably linkedto D’s own gain, a desire to achieve the gain will suffice)

Question 7

What is the test for lawful means conspiracy? (CPL)

Answer 7

1. A combination between the defender and other parties, whereby at least one conspirator undertakes to use lawful means against the pursuer.
2. The predominant intention in using those lawful means is to harm the pursuer.
3. Loss is caused to the pursuer.

Question 8

Quote from Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942]

Answer 8

“Liability must depend on ascertaining the predominant purpose. If that predominant purpose is to damage another person and damage results, that is delictual conspiracy.”

Question 9

Problem with lawful means conspiracy

Answer 9

Very high bar to meet, maybe unattainably so. Must show the predominant intention of their lawful means conspiracy was to harm the pursuer, very tricky.