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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

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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