- Parent topic
- PLC Reference: 8-334-7952
- Publication date: 03-May-2007
- Need to log in
- Legal update: archive
- House of Lords
- Restraint of trade, confidentiality and IP
- Trade unions
- PLC Employment Law
- PLC Finance
- PLC Public Sector
Any highlighted text has been edited by the Practical Law Company and has not yet been approved by contributors.
Home: Series: Bulletin and New Law: Employment Email Categories: House of Lords: Article Not logged in
Economic torts: inducing breach of contractIn Mainstream Properties Limited v Young and others two senior employees of a property company (Mainstream), acted in breach of their employment contracts by diverting a development opportunity to a joint venture in which they were interested. A Mr de Winter, knowing of their contractual duties but wrongly thinking that they would not be in breach, facilitated the acquisition by providing finance. The trial judge found that Mr de Winter was not liable for the tort of inducing them to breach their contracts. So did the Court of Appeal, and this decision has been upheld by the House of Lords.
Employment practitioners may need to consider whether it is worth suing a third party (such as Mr de Winter) or in other circumstances where the tort of inducing breach of contract arises, so it is useful to have some guidance on whether such a claim is likely to succeed.
Restraint of trade, confidentiality and IP
Tort of unlawful interference with contractual rights: subjective intention required
See also:Practice notes: