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Contracts of employment: Account of profits may exceptionally be ordered for breach of contract

This report relates to 1 case(s)

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    McAllister v Old Moat Inn and another [1993] IT/164/92 (1 other report)

    • No duty to ensure fair settlement

      Date:
      1 September 1993

      A tribunal is not entitled to set aside an agreement between the parties on grounds that the conciliation officer has mistakenly advised or informed the parties of their rights under the law or as to the adequacy or otherwise of the settlement, rules the Fair Employment Tribunal (President: J E Maguire) in McAllister v Old Moat Inn and another.

A former member of the intelligence services, who wrote and published his autobiography in breach of a contractual undertaking of non-disclosure, could be ordered to account for the remainder of the profits owed to him by his publishing house, holds the House of Lords in Attorney General v Blake [2001] IRLR 36. Where other remedies were inadequate, an account of profits could be considered as a just response to a breach of contract, taking into account all the circumstances of the case, including the subject matter of the contract, the purpose of the contractual provision that is breached, the circumstances in which the breach occurs, the consequences of the breach and the circumstances in which relief is sought.