What Is an Unlawful Means Conspiracy?

An unlawful means conspiracy is a type of civil and commercial claim that can arise when two or more parties agree to act together using unlawful means with the intention of causing harm to a third party. It typically requires three key elements: 

  1. a combination or agreement between at least two people,
  2. the use of unlawful means (such as fraud, threats, or breaches of contract), and
  3. an intention to cause loss or damage to the claimant.

Unlike simple wrongdoing, conspiracy claims target the collaborative nature of the conduct, often exposing a wider web of coordinated unlawful actions. These claims can arise in various situations, from standard commercial disputes to corporate sabotage and even more complex areas like financial fraud detection, where multiple actors work together to defraud an individual or business.

To succeed in this claim, a claimant must prove both the unlawful means and the defendants’ shared intention to cause harm. Evidence of collusion is essential, as courts often examine communications, timelines, and the overall purpose behind the conduct.

Because of their complexity, unlawful means conspiracy claims require careful legal analysis and substantial evidence, and, for this reason, Claimants often benefit from instructing a solicitor. We have acted in conspiracy claims over tens of millions of pounds in dispute in the high court London. Our commercial team are well placed to advise on these disputes as/where applicable.

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