1.1 CAUSING DAMAGE BY UNLAWFUL MEANS
In recent years there have been increased attempts to frame claims against solicitors in innovative ways stemming from economic torts, such as unlawful means conspiracies. 2025 saw one noteworthy such decision in Vanquis v TMS Legal Ltd demonstrating that these still comparatively unusual causes of action can be deployed on the right facts. Vanquis was a bank that specialised in ‘second chance’ lending to individuals with low or adverse credit histories. TMS was a firm of solicitors that specialised in bringing financial mis-selling complaints on a no win no fee basis. It submitted around 33,000 complaints to Vanquis alleging that it had provided unaffordable credit and had breached its regulatory obligations. TMS’s complaints submission process was however cursory and once Vanquis replied, it quickly went off to the Financial Ombudsman Service (FOS) on the basis of thin information …
€ (Westlaw)
Helen Evans, Anthony Jones, Marie-Claire O’Kane, Jack Steer and William Birch, ‘Professional liability, regulatory and coverage update: what happened in 2025 and what’s next in 2026?’ (2026) 42 Professional Negligence (2) 48-69
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