#contract #law #remedies

Experience Hendrix LLC v PPX Enterprises Inc (2003) EWCA Civ 323

The dispute arose out of a settlement of an earlier case between the parties, under which the defendant had agreed not to grant further licences in relation to recordings made by the guitarist, Jimi Hendrix. The defendant did issue such licences and the claimant sought compensation. The Court of Appeal considered whether it would be appropriate to award an account of profits, on the basis of Blake. It decided, however, that this was not an 'exceptional' case within the meaning of Blake. In particular, Mance LJ pointed out that:

We are not concerned with a subject anything like as special or sensitive as national security. The State's special interest in preventing a spy benefiting by breaches of his contractual duty of secrecy, and so removing at least part of the financial attraction of such breaches, has no parallel in this case.