WWF – World Wide Fund for Nature and another v. World Wrestling Federation Entertainment Inc [2007] EWCA (Civ) 286
“On an action for breach of covenant the court could grant injunctions to restrain future breaches and damages for past breaches which could be in the form of a reasonable payment for the hypothetical release of that covenant during the period of the breach. However, if the claimant had sought to add a claim for an account of profits arising from the breach on the basis that such damages would not be claimed, and permission had been refused, it would be an abuse of process for him subsequently to advance a claim for such damages against the same defendant in the same action.”
WLR Daily, 3rd April 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
