PLEADING MITIGATION OF LOSS: WHY THE PRACTICE DIRECTION IS (ALMOST ALWAYS) WRONG AND THE RULES ARE A SHAMBLES

It is well established law that the burden of proving a failure to mitigate loss lies with the defendant.   It is for the defendant to establish that the claimant failed to act reasonably.  Somewhat surprisingly a Practice Direction in the Civil Procedure Rules apparently puts an obligation on the c...

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