Hostname: page-component-7c8c6479df-ph5wq Total loading time: 0 Render date: 2024-03-29T07:26:41.750Z Has data issue: false hasContentIssue false

DAMAGES AT THE BORDERS OF LEGAL REASONING

Published online by Cambridge University Press:  19 April 2006

James Devenney
Affiliation:
Department of Law, University of Durham.
Get access

Abstract

IN Borders (U.K.) Ltd. and others v. Commissioner of Police of the Metropolis and another, the Court of Appeal has, yet again, succumbed to the “temptation to do justice” by further extending to claimants a disgorgement remedy on the claimed authority of A.G. v. Blake (Jonathan Cape Ltd. Third Party). We say “claimed authority” because, yet again, the extension of the disgorgement remedy is impossible to justify using legal argument respectful of precedent, for such argument is subordinated to the direct “pursuit of the justice of the outcome” (para. [28]).

Type
Articles
Copyright
Cambridge Law Journal and Contributors 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)