Contract Law

Remedies for Breach Cases

AG v Blake [2001] 1 AC 268

Key Point

Restitution of profits made in breach of contract can be awarded where there is legitimate interest in preventing the profit-making activity.

Facts

• Blake (D) was a former Secret Service agent and notorious double agent for Russia who published his autobiography
• At the time of publication, the information contained in the book was available to the public
• The AG on behalf of the Crown sued D for breach of an undertaking not to disclose official secrets when he entered into when he joined the secret service, seeking damages amounting to the profits from the book

Issue

Whether an account of profits could be awarded for breach of contract?