The Law Reports (Chancery Division)
[2008] Ch 244
Court of Appeal
Meretz Investments NV and another v ACP Ltd and others
[2007] EWCA Civ 1303
2007 July 3,
4,
5,
6;
Dec 11
Dec 11
Pill, Arden and Toulson LJJ
Mortgage— Sale by mortgagee— Mortgagee’s duty— Mortgagee exercising power of sale of development lease in order to realise security— Sale preventing mortgagor fulfilling contractual obligations— Whether contractual rights affected by sale protected by remedy in damages
Tort— Cause of action— Conspiracy— Unlawful means conspiracy— Inducing breach of contract— Second claimant granting development lease to first defendant— First defendant granting charge over lease to second defendant— Second defendant selling lease to fifth defendant in exercise of mortgagee’s power of sale— Defendants aware that sale rendering fulfilment of first defendant’s contractual obligations to claimants impossible— Whether defendants having necessary intention to induce breach of contract or to cause loss— Whether intention capable of subsisting where defendant believing himself entitled to act as he did to protect his interests— Whether inducement or unlawful means where loss resulting from defendant’s exercise of contractual right