Section 145: Interference with contractual relationships so as to harm animal research organisation
371.This section creates a new criminal offence. Subsections (1)to (4) need to be read together as these describe the new offence. There are two steps involved in establishing whether an offence has been committed under these provisions. Firstly, a person needs to either commit a crime or a tortious act causing loss or damage (see paragraph 372 below), or threaten someone that they or someone else will commit a crime or such a tortious act, with the intention of harming an “animal research organisation” (as defined in section 148). Secondly, this needs to be likely or intended to cause the person against whom the crime or relevant tortious act is committed or threatened to fail to perform a contractual obligation, to withdraw from a contract or to decide not to enter into a contract. For this purpose “contract” and “contractual” include non-contractual arrangements.
372.A tortious act is an act which is wrong in civil law but is not a criminal offence. The normal remedy is for the victim of the tort to sue for damages in the civil courts. The effect of the section is to make a tortious act which causes loss or damage, and which is committed with the necessary intention, a criminal offence. By virtue of subsection 3(b), no offence is committed if the only relevant tortious act is inducement to breach a contract. The effect of this subsection is to ensure that no offence is committed by those peacefully advocating or representing that one person should cease doing business with another on the basis that that others connection to an animal research organisation.
373.Subsection (5) defines what is meant by “harming” an animal research organisation - to cause such an organisation loss or damage of any kind, or to prevent or hinder such an organisation from carrying on any of its activities.
374.Subsections (6) and (7) ensure that the offence will not be committed where the act on which it might otherwise be based is a tortious act done in contemplation or furtherance of a “trade dispute” as defined in the Trade Union and Labour Relations (Consolidation) Act 1992.
