Whether overheads should be apportioned by reference to the entire business
68.Abbott argued that apportioning overheads by reference to the entire business was bound to create anomalies unless the entire business in question is homogeneous. But Abbott did not identify a simple and fairer alternative and I cannot see that there is one.
- HIS HONOUR JUDGE HACON
- Defendants
- Introduction
- The background facts
- Profits due to Abbott on Design & Display’s sale of panels
- The law
- The first remitted issue: What proportion of sales of slatted panel sold together with infringing inserts should be included in the account of profits?
- Deductible overheads
- Second remitted issue: what deductions (if any) for general overheads may Design & Display make?
- Level of overheads
- Level of sales
- Whether overheads should be apportioned by reference to the entire business
- Whether apportionment should be by reference to revenue or volume
- Payments to directors
- Rent
- Delivery charges
- Conclusion