Defences to a claim for an Account of Profits

A defendant faced with a claim to account for profits in either in aid of a common law right or due a breach of an equitable obligation has a number of options available. 

Some of the defences to a claim for an account of profits include: -

• there was an agreement;
• the plaintiff has not made out its case;
• the usual equitable defences. 

If you are sued for breach of fiduciary duties (or an equitable right) contact us to discuss the circumstances of your case in a conference with us. 

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.