Abstract:
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.
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Peter Devonshire, Account of Profits for Dishonest Assistance. Cambridge Law Journal. DOI: http://dx.doi.org/10.1017/S0008197315000331. Published online: 15 May 2015.
First posted 2015-05-18 06:18:53
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