Date: Fri, 3 Nov 2006 13:17:55 +0000

From: Andrew Burrows

Subject: Defamation

I would have thought it very likely that, if the question were to go to the House of Lords - not least in the light of Att-Gen v Blake - disgorgement/restitution of profits made by a deliberate libel would be regarded as an available remedy. It would seem odd to say that punitive damages can be awarded under category two but disgorgement/restitution cannot. Note that the Law Commission in its Report No 247 recommended that disgorgement/restitution of profits should be an available remedy for any tort where there has been an outrageous and deliberate disregard of the claimant's rights (Draft Bill clause 12(1)).

Andrew Burrows
St Hugh's College,
Oxford

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