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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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PROVING THINGS 228: PLEADING AND PROVING MITIGATION OF LOSS: THE NEED FOR A DEFENDANT TO ESTABLISH A "CONCRETE CASE"

PROVING THINGS 228: PLEADING AND PROVING MITIGATION OF LOSS: THE NEED FOR A DEFENDANT TO ESTABLISH A “CONCRETE CASE”

April 19, 2022 · by gexall · in Civil evidence, Damages, Personal Injury

The judgment of Mrs Justice Hill in Mathieu v Hinds & Anor [2022] EWHC 924 (QB) is interesting for a large number of reasons. Here we look at the judgment in relation to pleading and proving mitigation of loss. “A…

PROVING THINGS 163: PROVING MITIGATION OF LOSS: A CLAIMANT NEED NOT TAKE THE RISK OF STARTING UNCERTAIN LITIGATION AGAINST A THIRD PARTY

PROVING THINGS 163: PROVING MITIGATION OF LOSS: A CLAIMANT NEED NOT TAKE THE RISK OF STARTING UNCERTAIN LITIGATION AGAINST A THIRD PARTY

October 2, 2019 · by gexall · in Civil evidence, Damages

The need for a defendant to prove a failure to mitigate is something that has been covered before on this blog. In Natixis SA v Marex Financial & Ors [2019] EWHC 2549 (Comm) Mr Justice Bryan considered the legal principles. …

PROVING THINGS 81: PROVING MITIGATION OF LOSS - AGAIN: FAILURE TO FIND WORK WAS NOT A FAILURE TO MITIGATE

PROVING THINGS 81: PROVING MITIGATION OF LOSS – AGAIN: FAILURE TO FIND WORK WAS NOT A FAILURE TO MITIGATE

December 12, 2017 · by gexall · in Damages

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…

PROVING THINGS 14: PROVING MITIGATION OF LOSS

April 17, 2016 · by gexall · in Civil evidence, Damages, Uncategorized

The previous post in this series looked at the Court of Appeal decision in Bacciottini -v- Gotelee and Goldsmith [2016] EWCA Civ 170 where the court upheld an award of £250 in damages because of issues relating to mitigation of loss….

LITIGATION RISKS AND MITIGATION OF LOSS: "MEDIATION IS A JUDGMENT CALL": WHEN IS A REFUSAL TO MEDIATE REASONABLE?

July 8, 2015 · by gexall · in Civil Procedure, Damages, Mediation & ADR

The issue of whether a failure to mediate represented a failure to mitigate loss was considered by Judge Pelling QC (sitting as a High Court judge) in Orientfield Holdings Ltd -v- Bird & Bird [2015] EWHC 1963 (Ch). “Having embarked…

PRINCIPLES OF MITIGATION OF LOSS & THE CREDIBILITY OF EXPERT WITNESSES: A HIGH COURT DECISION CONSIDERED

July 31, 2014 · by gexall · in Civil evidence, Expert evidence, Liability

The case of Hirtenstein -v- Hill Dickinson LLP [2014]  EWHC 2711 (Comm) where judgment was given today contains many interesting lessons for those involved in professional negligence litigation in particular.   Here I just want to concentrate upon two: (i)…

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