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Sender:
Andrew Burrows
Date:
Tue, 3 Apr 2007 11:15:59 +0100
Re:
WWF

 

My own view is that, while I think the actual decision (that it would be an abuse of process to amend to run a Wrotham Park argument having not been allowed to amend to run a Blake argument) may be correct, many colleagues are being far too kind to Chadwick LJ in relation to the dreadful para 59. All clarity in terminology is lost if, like him, we start saying that an account of profits is a compensatory and not a 'gains-based' remedy.

  

Andrew Burrows


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