Date: Fri, 4 May 2007 21:10

From: Jason Neyers

Subject: OBG Ltd

I've been surprised that there hasn't been any discussion of OBG Ltd yet. Perhaps marking or the up-coming long weekend across the pond has something to do with it :)

For what it is worth, I found the decision disappointing in that their Lordships never dealt with the most central conundrum surrounding the unlawful means economic torts: namely, why can the plaintiff sue when the plaintiff's rights have not been violated. And how is this anomaly consistent with basic legal principle (what one needs is a violation of one's own rights). Without answers to these questions, one cannot ever hope to come to a satisfactory conclusion as to what should count as unlawful means and what other "control mechanisms" might be required.

Perhaps next time ...

--
Jason Neyers
January Term Director
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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