DENTON PRINCIPLES LEAD TO APPLICATION FOR WASTED COSTS BEING STRUCK OUT: THE CONTINUANCE OF THE APPLICATION WAS DISPROPORTIONATE
The Denton principles were applied by the Administrative Court in Haigh v Westminster Magistrates Court & Or [2017] EWHC 3197 (Admin) when striking out an application for wasted costs. “It must not be forgotten that these are satellite proceedings, adjectival to…
PROVING THINGS 81: PROVING MITIGATION OF LOSS – AGAIN: FAILURE TO FIND WORK WAS NOT A FAILURE TO MITIGATE
We have looked at issues relating to proving mitigation of loss before*. The legal burden in establishing a failure to mitigate loss lies with the party asserting a failure to mitigate. This was made clear in the judgment of Mrs…