Date: Wed, 12 Mar 2008 12:12

From: Anthony de Garr Robinson

Subject: Unlawful means conspiracy

Subscribers may be interested to know that the House of Lords judgment in Total is out.

The Lords have elected against conceptual simplicity: The unlawful means necessary for unlawful means conspiracy are very different from the unlawful means for causing loss by unlawful means. Some crimes can constitute unlawful means for the former, whereas OBG tells us that only actionable civil wrongs count as unlawful means for the latter.

The next question is: how do you distinguish between crimes that count for conspiracy (cheating the Revenue) and crimes that do not (speeding pizza delivery motorcyclists).

Anthony de Garr Robinson QC
One Essex Court
Middle Temple
London EC4Y 9AR

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