Is it still good law? ⚠️ This case has negative treatment (1 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
[2005] IRLR 964
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“…-[41] (Lord Hoffmann). She referred to Belmont v Williams at [118] before repeating what she had said in Mainstream Properties Ltd v Young [2005] EWCA Civ 760, [2005] IRLR 964 at [84]-[85]. She did not address the present issue, however, and still less did she consider the tension between the Court of Appeal decisions in British Indu…”
“… induce breach of contract is not committed if the defendant believes that the outcome sought by him will not involve a breach of contract (the Mainstream case [2005] IRLR 964), so a defendant should not be liable for conspiracy to injure by unlawful means if he believes that he has a lawful right to do what he is doing. This is cons…”
“…gs [1980] Ch 338 (Goff LJ). The latter case was a case of conspiracy to injure by unlawful means. But in Mainstream Properties Ltd v Young [2005] EWCA Civ 861, [2005] IRLR 964 Arden LJ disapproved that argument on the ground that the law had moved on. She pointed out that the distinction between money paid under a mistake of law and …”
“… induce breach of contract is not committed if the defendant believes that the outcome sought by him will not involve a breach of contract (the Mainstream case [2005] IRLR 964), so a defendant should not be liable for conspiracy to injure by unlawful means if he believes that he has a lawful right to do what he is doing. This is cons…”