Ronald Fletcher Baker LLP‘s Litigation Partners Rudi Ramdarshan, Victoria Huxley and Ben Frost together with Counsel Team Peter Knox QC of 3 Hare Court Chambers and Tim Sampson of Lamb Chambers, will be asking the Supreme Court to reconsider the decision by the Court of Appeal in respect of the finding of joint and several liability, an account without improper conduct, and failure to deduct an allowance for labour in earning the percentage of the salaries attributed to the infringement.
The appeal raises important points of law as to the protection for shareholders, directors, and employees against the imposition of joint and several liability where the actions cause a company to commit a tort of strict liability, which could well apply outside of intellectual property, and as to the correct interpretation of improper conduct and whether bona fide salary should be taken from directors and employees without a fair allowance.