Understanding Intimidation

This article examines the gist, vitality and practical utility of the tort of intimidation and identifies what count as unlawful threats and as actionable harm. While two versions of the tort have been identified in the past – one involving two parties, one involving three – only the former has survived the decision of the House of Lords in OBG v Allan. In the context considering the tort's practical usefulness, the article exposes as bogus the suggestion that two‐party intimidation offers nothing that is not already supplied under the law of contract via the doctrines of anticipatory breach, duress and economic duress. The article concludes with two radical suggestions. First, that two‐party intimidation is not a specifically economic tort and secondly, in view of this fact, it was a most inappropriate tool for the House of Lords to have used in their resurrection of the tort of unlawful means conspiracy in Total Network SL v Revenue and Customs Commissioners.     

The Podmore case

On January 10, 1929, in Southampton, England, two men examining the interior of a long-padlocked garage that had been previously used as a storeroom by a local agent of the Wolf's Head Oil Company found the decomposing body of its missing agent, Vivian Messiter. The assistance of Scotland Yard was obtained. Sir Bernard Spilsbury's autopsy revealed that Messiter had died from several severe blunt force craniocerebral injuries, the murder weapon apparently being a blood-encrusted hammer found nearby. Suspicion immediately centered on William Podmore, alias William Thomas, who had been employed by Messiter for 3 days in late October 1928, immediately prior to Messiter's being declared missing. Podmore, who was wanted for fraud and robbery elsewhere in England, was questioned and told a self-serving story. Meanwhile, it had been suspected that he had reported to Messiter sales of oil to fictitious customers, collecting commissions on same, and this was eventually reinforced by the finding of traces of writing in a receipt book. Two fellow prisoners of Podmore stated that he had confessed in their presence. Almost 14 months after the murder, Podmore was charged with it. He was later convicted, and was hanged after some public outcry against the verdict.