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International / offshore, Commercial disputesMonday 14 September 2020

TN Ramnauth and Company Ltd v Estate Management and Business Development Company Ltd

In August 2020, the High Court of Trinidad and Tobago handed down a long-anticipated judgment in TN Ramnauth and Company Ltd v Estate Management and Business Development Company Ltd  exploring the tort of an unlawful means conspiracy in the context of civil fraud claims brought by the government and government organisations against a large number of defendants, including former government ministers and public officials.

David Phillips QC represented the claimants in successfully resisting the procedural and substantive challenges brought against the claims.

One of the challenges that was successfully resisted was that the tort of an unlawful means conspiracy is one that is not recognised in Trinidad and Tobago – a very important decision in the context of these particular claims.  Of interest beyond Trinidad and Tobago is the judge’s detailed review of the ingredients of a variety of civil fraud claims, and the level of particulars that must be pleaded to establish those claims.  The decision is based on a widescale review of authorities from many Commonwealth jurisdictions, including the decision in Three Rivers, and draws those principles together in one integrated judgment.

Click here to download and read the judgment.

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