ARTICLE
21 October 2019

Breach Of An Injunction Constitutes Unlawful Means Conspiracy

SP
Soteris Pittas & Co

Contributor

Soteris Pittas & Co LLC is a boutique law firm, in size only, focusing on the areas of law related to business activity and dedicated to providing its clients with outstanding, highly personalized, legal representation.

The lawyers and associates of the firm with their combined skills-set and knowledge can provide comprehensive legal solutions according to the clients’ particular business needs, requirements and objectives. We are committed to representing our clients at all stages of disputes, including negotiation, mediation, arbitration, and litigation, in order to secure just compensation and legal vindication.

In the recent English case JSC BTA BANK -V- KHRAPUNOV (2018), the Supreme Court, held inter alia, that third parties may find themselves exposed to damages for unlawful means conspiracy,
Cyprus Litigation, Mediation & Arbitration

In the recent English case JSC BTA BANK -V- KHRAPUNOV (2018), the Supreme Court, held inter alia, that third parties may find themselves exposed to damages for unlawful means conspiracy, if they assist in the breach of a freezing injunction.

The English Supreme Court held that contempt of Court can constitute unlawful means, for the purpose of the tort of conspiracy to cause loss by unlawful means.

The above English case law provides useful guidance to Cypriot Courts in holding, persons assisting in breaching a freezing injunction, liable for damages for the civil tort of unlawful means conspiracy, in addition to the possible punishment (i.e. imprisonment, fine, or sequestration of assets), which Cypriot Court may impose for contempt of Court.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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