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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Redrow Homes Ltd and Others v. Bett Brothers Plc and Others (Scotland) [1998] UKHL 2; [1999] AC 197; [1998] 1 All ER 385 (22nd January, 1998)
URL: http://www.bailii.org/uk/cases/UKHL/1998/2.html
Cite as: [1998] 1 All ER 385, [1999] AC 197, [1998] UKHL 2

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Redrow Homes Ltd and Others v. Bett Brothers Plc and Others (Scotland) [1998] UKHL 2; [1999] AC 197; [1998] 1 All ER 385 (22nd January, 1998)

HOUSE OF LORDS

  Lord Goff of Chieveley Lord Jauncey of Tullichettle   Lord Slynn of Hadley
  Lord Hope of Craighead   Lord Clyde

OPINIONS OF THE LORDS OF APPEAL FOR JUDGEMENT IN THE CAUSE

REDROW HOMES LIMITED AND OTHERS
(APPELLANTS)

v.


BETT BROTHERS PLC AND OTHERS
(RESPONDENTS) (SCOTLAND)

ON 22 JANUARY 1998



LORD GOFF OF CHIEVELEY


My Lords,

      I have had the advantage of reading in draft the speeches which have been prepared by my noble and learned friends, Lord Jauncey of Tullichettle and Lord Clyde. For the reasons they have given I would dismiss this appeal.



LORD JAUNCEY OF TULLICHETTLE


My Lords,

      The single issue in this appeal concerns the proper construction of sections 96 and 97 of the Copyright Designs and Patents Act 1988 (the Act of 1988). It is whether a pursuer in an action for infringement of copyright is entitled to obtain from the defender both an account of profits and a sum of money by way of additional damages.

      The pursuers aver that they are residential developers and builders of detached houses to a number of designs in respect of which they own the copyright. They further aver that the defenders who are in the same line of business are building houses which are flagrant copies of the pursuers' designs. The pursuers seek inter alia (a) an order for production of a full account of profits realised by the defenders by reason of their infringement and for payment of a sum equivalent to such profits, and (b) a sum of money as additional damages in terms of section 97(2) of the Act of 1988. The defenders took a plea to the relevancy inter alia of the pursuer's averments anent additional damages but the Lord Ordinary after a hearing in Procedure Roll allowed a proof before answer of all the pursuers' averments. On a reclaiming motion the Second Division sustained the defenders' plea to the relevancy of the above averments. The pursuers now appeal to Your Lordships' House.

      Sections 96 and 97 of the Act of 1988, which occur in the Chapter of Part 1 thereof dealing with remedies for infringement, are in the following terms:

      The appellants accepted that they could not competently claim both damages and an account of profits under section 96(2) but they argued that section 97(2) provided an independent remedy of additional damages which was sui generis and which could therefore be sought in addition to an account of profits. They relied particularly on (i) the difference in wording between the two sections and their predecessor, section 17 of the Copyright Act of 1956, and (ii) Cala Homes (South) Ltd. v. Alfred McAlpine Homes (East) Ltd. (No 2) [1996] F.S.R. 36, in which Laddie J. held that additional damages could be awarded as well as any other form of financial relief ordered under section 96(2). The respondents maintained that "additional" meant additional to other damages and that the Cala Homes case had been wrongly decided.

      The court was first empowered to award additional damages for infringement of copyright in section 17 of the Act of 1956 which resulted from the Gregory Committee Report (Cmnd. 8662 (1952)). This report recommended, inter alia, in paragraph 294:

This recommendation was given effect to in section 17 of the Act of 1956 which provided, inter alia:


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URL: http://www.bailii.org/uk/cases/UKHL/1998/2.html