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A-G v Blake [2001]

Facts

  • A double agent, traitor and criminal residing in the Ukraine published a book of his memoirs contrary to the Official Secrets Act

Issue

  • Could damages be awarded accounting for the profits of the book sales?

Decision

  • Yes

Reasoning

  • Exceptional circumstances allow deviation from the usual compensatory principle to account for profits
  • Next best alternative to an impossible criminal conviction where a matter of national security was concerned
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