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07 February 2014
Issue: 7593 / Categories: Features
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Book review: Account of Profits

“This book represents an excellent & essential reference source whose importance is likely to grow in line with the increased use of account of profits as a remedy”

Author: Peter Devonshire
Publisher: Sweet & Maxwell
ISBN: 9780864728029
Price: £60.00

In his foreword to this book, the Hon Michael Kirby AC CMG described Peter Devonshire’s Account of Profits as a “timely” book. It certainly is. There is an ever increasing willingness to deploy fiduciary concepts in a commercial setting with the consequence that it is of the utmost importance that litigators, particularly those more used to commercial contracts than equitable concepts, have a sound understanding of what precisely is meant by the term “account of profits”. When is such a remedy available and what precisely are its parameters? These questions take on a greater importance for English law litigators as a result of the Court of Appeal’s controversial decision in Sinclair v Versailles, favouring Lister v Stubbs over Attorney-General of Hong Kong v Reid, a much greater emphasis may now be placed on what is incorporated in the personal remedy of an account of profits. Can it be extended, as Lord Neuberger

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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