The province of OBG v Allan determined: the economic torts return to the house of lords
Lee, James and Morgan, Phillip (2009) The province of OBG v Allan determined: the economic torts return to the house of lords. King's Law Journal, 20, (2), 338-346.
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Description/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
| Item Type: | Article |
|---|---|
| ISSNs: | 0961-5768 (print) |
| Related URLs: | |
| Keywords: | torts, carousel fraud, economic torts, unlawful means conspiracy, VAT |
| Subjects: | K Law > KD England and Wales |
| Divisions: | University Structure - Pre August 2011 > School of Law |
| Item ID: | 79769 |
| Date Deposited: | 19 Mar 2010 |
| Last Modified: | 02 Mar 2012 12:34 |
| Contributors: | Lee, James (Author) Morgan, Phillip (Author) |
| Date: | July 2009 |
| Status: | Published |
| Contact Email Address: | j.s.f.lee@bham.ac.uk |
| URI: | http://eprints.soton.ac.uk/id/eprint/79769 |
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