“…the claimant for losses 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 t…”
“…/or an account of profit, 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 wou…”