At the end of July the Court of Appeal handed down Judgment in relation to four appeals in this account of profits. The first appeal related to the correct approach to legal causation in accounts of profits, the Judge having apportioned the profits generated by the sales of the infringing products, holding that the defendants should account for 13% of those profits. Lufthansa’s appeal was rejected. The second appeal, brought by the defendants, related to whether the Court has jurisdiction to award interest prior to a claimant electing for an account (it does). The third appeal, also brought by the defendants, related to whether the court should attempt to avoid a risk of double recovery in foreign proceedings. The fourth appeal related to whether an agreement under German law constitutes an exclusive licence and the consequences if it does. The defendants were successful in respect of the fourth appeal.

Miles Copeland appeared for the successful defendants in the first and fourth appeals. The judgment can be found here: [2026] EWCA Civ 964