Court of Appeal decision on IP accounts of profits and the Court’s jurisdiction to award interest – Wilberforce Chambers
‘After a four-day appeal hearing the Court of Appeal has given judgment in a number of appeals in Lufthansa v Astronics & Ors [2026] EWCA Civ 964. The main appeal concerned the significant issue of the proper approach to identifying the profits derived from infringement of a patent for the purposes of the exercise identified in s.61(1)(d) of the Patents Act 1977. One of the other appeals in the case concerned interest: what jurisdiction did the court have to award interest on such profits, was such jurisdiction available in respect of the period prior to the election (i.e. the election to take profits rather than damages), and what was the principled approach to the exercise of discretion as to the interest rate to apply?’
Wilberforce Chambers, 30th July 2026
Source: www.wilberforce.co.uk

