The Supreme Court has confirmed in the case of JSC BTA Bank v Khrapunov [2018] UKSC 19 that, for the purposes of the tort of conspiracy to cause loss by unlawful means, the unlawful means used to carry out the conspiracy do not have to be actionable as an independent tort (at [15] – [17]).

In that case the unlawful means relied upon were criminal contempt of court. It was argued that there is no cause of action for civil damages founded on contempt of court because that would be inconsistent with public policy. The Court rejected that argument (at [18] – [23]).

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