articles | 09 October 2019 | Soteris Pittas & Co LLC

CYPRUS: Breach of an injunction constitutes unlawful means Conspiracy

In the recent English case JSC BTA BANK -V- KHRAPUNOV (2018), the Supreme Court, held inter alia, that third parties may find themselves exposed to damages for unlawful means conspiracy, if they assist in the breach of a freezing injunction.

The English Supreme Court held that contempt of Court can constitute unlawful means, for the purpose of the tort of conspiracy to cause loss by unlawful means.

The above English case law provides useful guidance to Cypriot Courts in holding, persons assisting in breaching a freezing injunction, liable for damages for the civil tort of unlawful means conspiracy, in addition to the possible punishment (i.e. imprisonment, fine, or sequestration of assets), which Cypriot Court may impose for contempt of Court.

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