On 1 Nov, 19:05, "Chris R" wrote:
"Derek__M" wrote in message

oups.com...

I don't know much about this type of claim but it sounds as if the claimant
might be claiming an account of profits rather than damages?

Chris R

Yes you are correct! Is there an important difference other than
terminology?

"Account of profits" appears to be used for intellectual property
torts or breach of fiduciary duty only. Where proprietary torts are
described in the Law Commission report I mentioned, the term
"restitutionary remedy" is used (though the distinction between
"remedy" and "damages" is blurred in this report). The phrasing is
this:

"In some cases the plaintiff has been awarded all the profits made by
the defendant (for example, from the sale of the plaintiff's goods).
In other cases the plaintiff [has got some of the profits from] the
use of the property."

The key thing to my friend though is, what would happen in a real
situation in small claims courts?