Zachary Kell, led by Philip Coppel QC, appeared for the Appellant in the Court of Appeal in the case of Raja v McMillan [2021] EWCA Civ 1103. This was an appeal from the dismissal of an application for summary judgment before Dame Sarah Worthington QC (Hon). The four Grounds of Appeal (as summarised by Nugee LJ at [33]) were:
(1) It is not possible for a director to conspire with a company that is his alter ego.
(2) If the unlawful means relied on for conspiracy is fraudulent misrepresentation, that conspiracy cannot be formed without any of the conspirators intending, knowing or believing (or having reason to know or believe) at the time of conspiring that what they propose to do would involve a fraudulent misrepresentation.
(3) It is not enough, for the purposes of an intention to harm by an unlawful means conspiracy, that the conspirators should have known that injury to the claimant was likely.
(4) The Judge erred in concluding that legal advice obtained by, and believed by, Mr McMillan did not give him a defence.
The Court of Appeal (Lord Justice Underhill, Lord Justice Popplewell and Lord Justice Nugee) dismissed the appeal.
A copy of the judgement can be found here.