CL-2018-000297, CL-2018-000404, CL-2018-000590, - [2025] EWHC 2364 (Comm)

Although in some formulations for closing argument SKAT overlooked this, the need upon which Lifestyle Equities insists for the accessory to know of all the essential factual ingredients of the primary wrong means, in a deceit claim, that it is necessary but not sufficient for the accessory to intend that false statements be made to the claimant. In a straightforward case of deceit by the party making the representations, the accessory must intend the representor to be acting with fraudulent intent, because such an intent on the part of the representor is one of the essential facts constituting the primary wrong. If the representor is an agent and the deceit is that of their principal, the accessory must intend the principal to be acting, through the agent, with fraudulent intent. If the representor is being used as an instrument of fraud by another who is not the representor’s principal, the accessory must intend the fraudster to be using the representor, with fraudulent intent, in that way.