The union was accused of unlawful interference in contractual relations, and replied that their intention in calling a strike (inducing miners to break their contracts of employment) was to restrict production of coal and thereby raise its price.
Held: When considering the tort of unlawful interference in contractual relations, the motive of the alleged tortfeasor is irrelevant. Malice, in the form of ill-will, was not required for this tort. It was enough that the defendants knowingly and intentionally procured a violation of the plaintiffs’ legal rights. Lord Macnaghten said it was no defence that ‘if the masters had only known their own interest they would have welcomed the interference of the federation’.
Judges:
Lord Macnaghten
Citations:
[1905] AC 239
Jurisdiction:
England and Wales
Cited by:
Cited – OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen CA 9-Feb-2005
The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated contracts undertaken by the business. The claimant asserted that their actions amounted to a wrongful interference in their contracts . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Douglas and others v Hello! Ltd and others; similar HL 2-May-2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 07 September 2022; Ref: scu.223000
