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 Hobhouse dissented. He would have held that since the information was no longer confidential, there could be no misuse of confidential information. Lord Nicholls at made the famous statement that estitution for breach of contract must be accepted in some situations. These situations may never be as exceptional as that which we are passing judgment on today, but notwithstanding this there is no other conclusion the court can reach.
Read more about this topic: Attorney General V Blake
Other articles related to "judgment, judgments, judgement":
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Judgement (or judgment) is the evaluation of evidence in the making of a decision. The term has four distinct uses:
- Informal - Opinions expressed as facts.
- Informal and psychological – used in reference to the quality of cognitive faculties and adjudicational capabilities of particular individuals, typically called wisdom or discernment.
- Legal – used in the context of legal trial, to refer to a final finding, statement, or ruling, based on a considered weighing of evidence, called "adjudication". See spelling note for further explanation.
- Religious – used in the concept of salvation to refer to the adjudication of God in determining Heaven or Hell for each and all human beings.
... It clearly distinguishes between the personal judgment occurring immediately after death and the final judgment by the Lord ... Judgment is based only on the balance between good deeds and sins during the whole of life, indicating that the book was influenced by Pharisaism ... Souls enter bliss or punishment immediately after the first judgment, while waiting for the Lord's coming, but the intercession of the saints makes it possible that, for some, punishment may ...
Famous quotes containing the word judgment:
“If a man is a good lawyer, a good physician, a good engineer ... he may be a fool in every other capacity. But no deficiency or mistake of judgment is forgiven to a woman ... and should she fail anywhere, if she has any scientific attainment, or artistic faculty, instead of standing her interest as an excuse, it is censured as an aggravation and offence.”
—E.P.P., U.S. womens magazine contributor. The Una, p. 28 ( February 1855)
“Some counterfeits reproduce so very well the truth that it would be a flaw of judgment not to be deceived by them.”
—François, Duc De La Rochefoucauld (16131680)
“The order of the world is always rightsuch is the judgment of God. For God has departed, but he has left his judgment behind, the way the Cheshire Cat left his grin.”
—Jean Baudrillard (b. 1929)