Redrow Homes Ltd and others v Bett Brothers Plc and others: HL 22 Jan 1998

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.
Times 26-Jan-1998, Gazette 11-Feb-1998, [1998] 1 All ER 385, [1998] UKHL 2, [1999] AC 197, [1998] 2 WLR 198
House of Lords, Bailii
Copyright Designs and Patents Act 1988 97
England and Wales
Citing:
Appeal fromRedrow 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. . .
OverruledCala 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 . .

These lists may be incomplete.
Updated: 21 May 2021; Ref: scu.158933