IS Innovative Software Ltd v Howes [2004] EWCA Civ 275 (19 February 2004)

IS Innovative Software Ltd v Howes [2004] EWCA Civ 275 (19 February 2004)

Mr Howes was not liable for unlawful means conspiracy because he did not intend to injure the company and reasonably believed the backdated contracts reflected existing agreements; he was not liable for inducing breach of contract or conspiracy as the evidence did not establish that employees breached their...

Source-derived case information.

Citation
[2004] EWCA Civ 275
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 (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unlawful Means Conspiracy, Inducement of Breach of Contract, Variation of Employment Contracts, Employee Duties, Damages
Employment Law Tort Law Contract Law Unlawful Means Conspiracy Inducement of Breach of Contract Variation of Employment Contracts Employee Duties Damages

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Parties

IS Innovative Software Ltd

Appellant

Robert Howes

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) 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 reasonably believed the backdated contracts reflected existing agreements; he was not liable for inducing breach of contract or conspiracy as the evidence did not establish that employees breached their contracts or that Mr Howes procured such breaches.

Court Disposition

Appeal dismissed

Orders

  • The appeal by IS Innovative Software Ltd is dismissed.