Damages at the borders of legal reasoning.

Abstract

IN Borders (U.K.) Ltd. and others v. Commissioner of Police of the Metropolis and another, the Court of Appeal has, yet again, succumbed to the “temptation to do justice” by further extending to claimants a disgorgement remedy on the claimed authority of A.G. v. Blake (Jonathan Cape Ltd. Third Party). We say “claimed authority” because, yet again, the extension of the disgorgement remedy is impossible to justify using legal argument respectful of precedent, for such argument is subordinated to the direct “pursuit of the justice of the outcome” (para. [28]).