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Clause 34—(Order For Account In Action For Infringement)

Volume 467: debated on Friday 22 July 1949

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I beg to move, in page 26, line 13, to leave out from "the," to the end of line 15, and to insert:

"plaintiff shall be entitled, at his option, to an account of profits in lieu of damages.
(2) In the application of this Act to Scotland the foregoing subsection shall have effect as if for the words 'an account of profits' there were substituted the words 'an accounting and payment of profits'."
Our intention is to confer on the plaintiff under Clause 34 the right to claim an account of profits as an alternative to damages, as recommended by the Swan Committee. As the Clause stands, there is some risk that it might be read as giving the court an option, and since it is a right that we intended to confer and not an option on the court, we desire to make the change. The second part of the Amendment adds a new subsection which applies the Clause to Scotland.

Amendment agreed to.