Disgorgement remedy for dishonest assistance Novoship (UK) Ltd v Yuri Nikitin [2014] EWCA Civ 908

In Novoship (UK) Ltd v Yuri Nikitin ,1 the Court of Appeal considered (i) whether the remedy of an account of profits is available against a dishonest assistant, and (ii) if yes, whether the law requires a causal connection between the profits and the assistance. This article (i) outlines the facts and the issues in Novoship ; (ii) supports the Court's conclusion that the remedy of an account of profits could be ordered against a dishonest assistant; and (iii) argues that the Court applied the wrong causation test.