“The English courts are often hostile to arbitrary rules preventing recovery by certain classes of claimants, especially where those rules are based on ‘floodgates’ or other public policy arguments. A decision where no such hostility was displayed was Secretary of State for Health and others v Servier Laboratories and others [2021] UKSC 24; [2021] 3 WLR 370. Here, the Supreme Court re-emphasised that the claim for causing loss by unlawful means …”
€ (Westlaw)
Matthew Hoyle, ‘Getting a rough deal: economic torts – third parties – unlawful means’ (2022) 38(1) Professional Negligence 43-47.
First posted 2022-05-30 07:45:38
Leave a Reply