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Part V Financial Wrongdoing and Private International Law, 18 Conspiracy

Zachary Douglas QC, Andrew Bodnar

From: Banks and Financial Crime: The International Law of Tainted Money (2nd Edition)

Edited By: William Blair, Richard Brent, Tom Grant

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 September 2020

Subject(s):
Credit — Criminal proceedings — Insider dealing — Misuse of information — Money laundering — Market abuse

This chapter analyses the situation of conspiracy. A claim in tort for unlawful means conspiracy requires the claimant to establish that, firstly, he has suffered a loss, secondly, that it was as a result of unlawful action, which was thirdly, taken pursuant to a combination or agreement between the defendant and another person or persons, fourthly, to injure the claimant by unlawful means. The intention to injure does not have to be the sole or predominant purpose of the defendant’s actions. The chapter then looks at a real scenario of a case of conspiracy. It also looks at the relevant jurisdiction and applicable law, including cases where the defendants are domiciled in England, in another Member State, or in a non-Member State and cases where the defendants are domiciled in different locations from each other.

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