An account of profits is available without proof of loss, and the onus is upon the defaulting party to show that profits are not ones for which he should account
Judges:
Lord Justice Clarke Lady Justice Arden Lord Justice Jonathan Parker
Citations:
[2005] EWCA Civ 959, [2005] All ER (D) 503
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Re Coomber; Coomber v Coomber CA 2-Jan-1911
The Coomber family sold beer in Battersea. Coomber Senior had increasingly relied on his second son. After his father’s death, the second son continued to run the business. His mother shortly afterwards assigned both the licence and the premises to . .
Appeal from – Murad, and Murad v Al-Saraj and Westwood Business Inc ChD 28-May-2004
. .
Cited by:
Cited – Condliffe and Another v Sheingold CA 31-Oct-2007
The defendant had taken an assignment of the goodwill of a restaurant from the company of which she was a director. The plaintiffs as assignees of any claims of the company, now in liquidation, said that she was liable to account to them for the . .
Cited – Imageview Management Ltd v Jack CA 13-Feb-2009
The appellant company acted for the respondent footballer in placing him with a football club. The respondent said that he had also taken a payment from the club, nominally for arranging a work permit. The respondent said this was improper. The . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 04 July 2022; Ref: scu.236178