Is it still good law? ⚠️ This case has negative treatment (1 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
[2009] Ch 390
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“…s suffered, the remedy of an account of profits as an alternative to damages is not available: Devenish Nutrition Ltd v Sanofi-Aventis SA [2008] EWCA Civ 1086, [2009] Ch 390. Indeed, the Supreme Court in Sainsbury’s expressly approved at [196] what Lord Justice Longmore had said about this in Devenish, dealing with the availability…”
“…it, was considered by this court, affirming the judgment of Lewison J (as he then was), in Devenish Nutrition Limited v Sanofi-Aventis SA [2008] EWCA Civ 1086, [2009] Ch 390. It was held that none of these alternative or additional measures of damage was available as a matter of English law, and that while EU law would not prevent …”
“…ee AB v South West Water Services Ltd [1993] QB 507, 527 (overruled on a different point) and Devenish Nutrition Ltd v Sanofi-Aventis SA [2007] EWHC 2394 (Ch), [2009] Ch 390 (not appealed on this point).…”