§ Clause 34, page 25, line 13, leave out from ("the") to end of line 15 and insert ("plaintiff shall be entitled, at his option, to an account of profits in lieu of damages.
§ (2) In the application of this Act to Scotland the foregoing subsection shall have effect as if for the words "an account of profits" there were substituted the words "an accounting and payment of profits".")
§ LORD LUCAS OF CHILWORTHMy Lords, this, clause as it stands might be read as giving the court an option, when the plaintiff has claimed damages, to order an account of profits instead. It has therefore been revised, to make clear that its purpose is to confer on the plaintiff a right to claim an account of profits as an alternative to damages, as recommended by the Swan Committee. I beg 575 to move that this House do agree with the Commons in the said Amendment.
§ Moved, That this House do agree with the Commons in the said Amendment.—(Lord Lucas of Chilworth.)
§ On Question, Motion agreed to.