IS Innovative Software Ltd v Howes [2004] EWCA Civ 171 (19 February 2004)

IS Innovative Software Ltd v Howes [2004] EWCA Civ 171 (19 February 2004)

Mr Howes was not liable for unlawful means conspiracy because he did not intend to injure the company and was unaware of the detrimental variation in the backdated Main Terms. He was also not liable for inducing breach of contract or conspiracy regarding the employees, as the trial judge's findings of fact...

Source-derived case information.

Citation
[2004] EWCA Civ 171
Parties
Appellant: IS Innovative Software Ltd; Respondent: Robert Howes
Jurisdiction
England and Wales
Judgment Date
19 February 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unlawful Means Conspiracy, Inducement of Breach of Contract, Variation of Employment Contracts, Employee Fiduciary Duties
Employment Law Tort Law Contract Law Unlawful Means Conspiracy Inducement of Breach of Contract Variation of Employment Contracts Employee Fiduciary Duties

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Parties

IS Innovative Software Ltd

Appellant

Robert Howes

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench) to Court of Appeal

Legal Issues

  1. 1 Whether Mr Howes was liable for unlawful means conspiracy in relation to backdated employment contracts
  2. 2 Whether Mr Howes induced breach of contract or conspired to injure the company by procuring breaches by employees

Ratio Decidendi

Mr Howes was not liable for unlawful means conspiracy because he did not intend to injure the company and was unaware of the detrimental variation in the backdated Main Terms. He was also not liable for inducing breach of contract or conspiracy regarding the employees, as the trial judge's findings of fact established no breach or procurement thereof by Mr Howes.

Court Disposition

Appeal dismissed

Orders

  • Company's appeal dismissed in full
  • No liability found against Mr Howes for conspiracy or inducement of breach of contract