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 Justice Moulder in Faieta v ICAP Management Services Ltd [2017] EWHC ...