Lawful means conspiracy (C) Flashcards
What are the three elements to lawful means conspiracy?
Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942] AC 435.
1. There must be a combination between D and other parties, whereby at least one conspirator undertakes to use lawful means against P.
2. The predominant intention in using those lawful means is to harm P.
3. Loss is caused to P.
Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942] AC 435.
“If that predominant purpose is to damage another person and damage results, that is [delictual] conspiracy. If the predominant purpose is the lawful protection or promotion of any lawful interest of the combiners… it is not a [delictual] conspiracy” (Viscount Simon LC, 445).
What are other relevant cases for lawful means conspiracy?
Mogul Steamship Company v McGregor [1892] AC 25.
Scala Ballroom (Wolverhampton) v Ratcliffe [1958] 1 WLR 1057.
Stricter mental test from ‘predominant intention’ so hard to find cases where it is successful.
Quinn v Leathem [1901] AC 495.
Ensuring the employment of only unionised staff? Consistent with Crofter?
“I am not at all sure that it can be said even now with certainty what Quinn v. Leathern decided” – Lord Devlin in Rookes v Barnard [1964] AC 1129, 1216.
Huntley v Thornton [1957] 1 WLR 321.
Pursuing a grudge?
“[D] had entirely lost sight of what the interests of the union demanded, and thought only of their own ruffled dignity… It had become a question of [D’s] prestige; they were determined to use any weapon ready to their hand to vindicate their authority, and grossly abused the quite frightening powers at their command.” (Harman J, 339-342).
