Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96.
Citations:
Times 26-Jan-1998, Gazette 11-Feb-1998, [1998] 1 All ER 385, [1998] UKHL 2, [1999] AC 197, [1998] 2 WLR 198
Links:
Statutes:
Copyright Designs and Patents Act 1988 97
Jurisdiction:
England and Wales
Citing:
Appeal from – Redrow Homes Ltd v Bett Brothers Plc IHCS 2-May-1997
A pursuer in an action for breach of copyright must take either an account of profits or additional damages but not both. . .
Overruled – Cala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2) ChD 30-Oct-1995
A plaintiff may claim damages under section 97(2) in addition to claiming an account of profits, as his primary remedy. A person claiming joint rights in the copyright as author must contribute to the ‘production’ of the work and create something . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Scotland, Damages
Updated: 07 December 2022; Ref: scu.158933