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Book review: Account of Profits

07 February 2014
Issue: 7593 / Categories: Features
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“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 hinted

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