Inshore Services (International) Ltd v NFFO Services Ltd & Anor [2001] EWCA Civ 1722 (20 November 2001)

Inshore Services (International) Ltd v NFFO Services Ltd & Anor [2001] EWCA Civ 1722 (20 November 2001)

There was sufficient evidence for the judge to find that NFFO Services Ltd, through Mr Bevan, threatened Horizon with non-cooperation by local fishermen, which would likely involve breaches of the Collision Regulations and duties of good seamanship, and that Mr Bevan was at least indifferent to whether the threatened acts would be lawful or unlawful. This constituted the tort of unlawful interference with business by unlawful means.

Citation
[2001] EWCA Civ 1722
Parties
Claimant/respondent: Inshore Services (International) Ltd; First Defendant/appellant: NFFO Services Ltd; Second Defendant: Mark Stanley Hamer
Jurisdiction
England and Wales
Judgment Date
20 November 2001
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unlawful Interference With Business, Tort of Intimidation, Damages, Intentional Economic Torts
Tort Law Commercial Law Unlawful Interference With Business Tort of Intimidation Damages Intentional Economic Torts

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Parties

Inshore Services (International) Ltd

Claimant/respondent

NFFO Services Ltd

First Defendant/appellant

Mark Stanley Hamer

Second Defendant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether NFFO Services Ltd committed the tort of unlawful interference with business by threatening unlawful means
  2. 2 Whether the threats made by NFFO Services Ltd were intended to injure Inshore Services (International) Ltd
  3. 3 Whether the threatened non-cooperation by local fishermen would have involved unlawful acts

Ratio Decidendi

There was sufficient evidence for the judge to find that NFFO Services Ltd, through Mr Bevan, threatened Horizon with non-cooperation by local fishermen, which would likely involve breaches of the Collision Regulations and duties of good seamanship, and that Mr Bevan was at least indifferent to whether the threatened acts would be lawful or unlawful. This constituted the tort of unlawful interference with business by unlawful means.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs; £25,000 to be paid within 14 days, remainder subject to detailed assessment.