CIVIL PROCEDURE BACK TO BASICS 82: PLEADING MITIGATION OF LOSS

One surprising aspect of the defendant's argument in Tejani v Fitzroy Place Residential Ltd & Anor [2020] EWHC 1856 (TCC) was the assertion that the particulars of claim were defective because the claimant did not plead a failure to mitigate loss.  This argument, one assumes, was based on the pr...