Decided 27 July 2000 Prior action(s) [1998] Ch 439 Court House of Lords | Transcript(s) Full text of judgment End date July 27, 2000 | |
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Full case name Attorney General v Blake (Jonathan Cape Ltd Third Party) Citation(s) [2000] UKHL 45, [2001] 1 AC 268 Judge sittings Donald Nicholls, Baron Nicholls of Birkenhead Similar Wrotham Park Estate Co Ltd v, Ruxley Electronics and Cons, Robinson v Harman, Anglia Television Ltd v Reed, Farley v Skinner | ||
Attorney General v Blake [2000] UKHL 45, [2001] 1 AC 268 is a leading English contract law case on damages for breach of contract. It established that in some circumstances, where ordinary remedies are inadequate, restitutionary damages may be awarded.
Contents
Facts
George Blake was a former member of the Secret Intelligence Service (MI6) from 1944 to 1961. For his employment contract, he had signed an Official Secrets Act 1911 declaration to disclose no information about his work. It applied after his employment ceased. In 1951, he became a Soviet agent, thus, being a double agent. He was discovered in 1961 and the British government imprisoned him in Wormwood Scrubs (HM Prison). He escaped in 1966 and fled to the Soviet Union. He wrote a book about it and his secret services work called No Other Choice. He received a publishing contract for its release in 1989, with Jonathan Cape Ltd. The information in the book was no longer confidential. Blake received advanced payments and was entitled to more. The Crown brought an action for all the profits he made on the book including those that he had not yet received. It argued a restitutionary principle should apply.
Judgment
Lord Nicholls, Lord Goff of Chieveley, Lord Browne-Wilkinson and Lord Steyn held that in exceptional cases, when the normal remedy is inadequate to compensate for breach of contract, the court can order the defendant to account for all profits. This was an exceptional case. Blake had harmed the public interest. Publication was a further breach of his undertaking of confidentiality. Disclosure of non-confidential information was also a criminal offence under the Official Secrets Act 1911. An absolute rule against disclosure was necessary to ensure that the secret service was able to deal in complete confidence. It was in the Crown’s legitimate interest to ensure Blake did not benefit from revealing state information. The normal contractual remedies of damages, specific performance or injunction were not enough, and the publishers should pay any money owing to Blake to the Crown.
Lord Nicholls said the following.
Lord Goff and Lord Browne-Wilkinson agreed. Lord Steyn gave a concurring opinion.
Lord Hobhouse dissented. He asserted that the Crown had no proprietary right to the money and as such had suffered no loss so as to receive restitutionary damages. Instead, compensatory damages, not a full account of profit, were appropriate.