Peter Devonshire, ‘Account of Profits for Dishonest Assistance’

In Novoship (UK) Ltd v Nikitin, a unanimous Court of Appeal held that an account of profits can be granted against a third party who dishonestly assists a breach of fiduciary duty. This raises fundamental questions as to the status of gain-based relief in relation to secondary wrongs. An account of profits reflects the imperatives of fiduciary duty and it is questionable whether the remedy should be extended to a stranger to that relationship. This article will analyse the spectrum of secondary liability and suggest an appropriate demarcation of compensation and disgorgement.

Peter Devonshire, Account of Profits for Dishonest Assistance. Cambridge Law Journal. DOI: Published online: 15 May 2015.

First posted 2015-05-18 06:18:53

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