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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), pp. 338-346.

Record type: Article


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

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Published date: July 2009
Keywords: torts, carousel fraud, economic torts, unlawful means conspiracy, VAT


Local EPrints ID: 79769
ISSN: 0961-5768
PURE UUID: 7a088e93-6ddb-462d-b827-f548d6349126

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Date deposited: 19 Mar 2010
Last modified: 18 Jul 2017 23:16

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Author: James Lee
Author: Phillip Morgan

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