Attorney General v Blake

In exceptional cases a claimant can recover the profits made by the defendant from a breach of contract.

Citation
[2001] 1 AC 268
Court
House of Lords
Year
2001
Subject
Contract Law
Topic
Remedies

Facts

George Blake joined the Secret Intelligence Service in 1944 and signed an undertaking not to disclose any official information gained through his work, during or after his employment. From 1951 he worked as an agent for the Soviet Union, disclosing secret information. In 1961 he was convicted and sentenced to 42 years' imprisonment, but in 1966 he escaped from prison and fled to Moscow. In 1989 he wrote his autobiography, No Other Choice, which included information obtained during his work, and a publisher agreed to pay him a substantial advance. By then, the information was no longer confidential. The Crown sought to prevent Blake from receiving the money owed to him by the publisher.

Legal principle

The House of Lords held that the Crown was entitled to an account of the profits Blake had made from his breach of his undertaking not to disclose information. Lord Nicholls said that, in exceptional cases, where the ordinary remedies of damages, specific performance and injunctions are inadequate, the court may order the defendant to account for the profits made from a breach of contract. A useful general guide is whether the claimant had a legitimate interest in preventing the defendant's profit making activity and depriving him of his profit. The Crown had such an interest, because of the need for complete confidence in members of the intelligence services, and the case was exceptional.

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