Conspiracy by Unlawful Means: Keeping the Tort Untangled

Publisher:
Lexis Nexis
Publication Type:
Journal Article
Citation:
Torts Law Journal, 2008, 16 (3), pp. 189 - 206
Issue Date:
2008-01
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A recent decision of the House of Lords has highlighted the potential potency of conspiracy by unlawful means. The decision continues the untangling of the tort in the United Kingdom and has left conspiracy ready to evolve. This article argues that the tort does not have sufficiently coherent underlying rationales or a large enough body of case law to assert its scope with con?dence and precision. Instead the tort requires a period of case-by-case evolution without rigid statements of the scope of the key element of unlawful means. Australia can learn some lessons from the untangling of the tort in the United Kingdom and needs to guard against some potentially distracting generalisations in the Australian case law
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