Rethinking the Economic Torts

What is it about?

The article, co-authored with Simon Deakin, proposes a revised conceptual basis for the economic torts which is true to their historical role of regulating the competitive process, based on the economic interests which they protect, the kinds of interferences which trigger liability, and the nature of the justifications which should be accepted as defences.

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Why is it important?

In 2007 the House of Lords, in three conjoined appeals reported sub nomine OBG Ltd v Allan, reversed or appeared to reverse many of the developments in the economic tort which had taken place in the period since its decision in Rookes v Barnard (1964). However the analysis in OBG Ltd v Allan raises as many questions as it answers.