Duty to Mitigate in UK Law

Leading Cases
  • Maredelanto Compania Naviera SA v Bergbau-Handel GmbH (The Mihalis Angelos)
    • Court of Appeal (Civil Division)
    • 01 Jul 1970

    If the contractual rights which he has lost were capable by the terms of the contract of being rendered either less valuable or valueless in certain events, and if it can be shown that those events were, at the date of acceptance of the repudiation, pre-destined to happen, then in my view the damages which he can recover are not more than the true value, if any, of the rights which he has lost, having regard to those pre-destined events.

  • Sotiros Shipping Inc. v Sameiet Solholt
    • Court of Appeal (Civil Division)
    • 11 Mar 1983

    A plaintiff is under no duty to mitigate his loss, despite the habitual use by the lawyers of the phrase "duty to mitigate". He is completely free to act as he judges to be in his best interests. On the other hand, a defendant is not liable for all loss suffered by the plaintiff in consequence of his so acting. A defendant is only liable for such part of the plaintiff's loss as is properly to be regarded as caused by the defendants' breach of duty.

  • Darbishire v Warran
    • Court of Appeal
    • 30 Jul 1963

    The true meaning is that the plaintiff is not entitled to charge the defendant by way of damages with any greater sum than that which he reasonably needs to expend for the purpose of making good the loss. In short, he is fully entitled to be as extravagant as he pleases but not at the expense of the defendant.

  • Wilding v British Telecommunications
    • Court of Appeal (Civil Division)
    • 19 Mar 2002

    In other words, it is not enough for the wrongdoer to show that it would have been reasonable to take the steps he has proposed: he must show that it was unreasonable of the innocent party not to take them. It is where, and only where, the wrongdoer can show affirmatively that the other party has acted unreasonably in relation to his duty to mitigate that the defence will succeed.

  • R v Birtles
    • Court of Appeal (Criminal Division)
    • 19 May 1969

    In such a case the police are clearly entitled, indeed it is their duty, to mitigate the consequences of the proposed offence, for example, to protect the proposed victim, and to that end it may be perfectly proper for them to encourage the informer to take part in the offence or indeed for a police officer himself to do so.

  • Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
    • House of Lords
    • 21 Nov 1996

    Finally, it must be emphasised that the principle in Doyle v. Olby (Ironmongers) Ltd. [1969] 2 Q.B. 158, strict though it is, still requires the plaintiff to mitigate his loss once he is aware of the fraud.Finally, it must be emphasised that the principle in Doyle v. Olby (Ironmongers) Ltd. [1969] 2 Q.B. 158, strict though it is, still requires the plaintiff to mitigate his loss once he is aware of the fraud.

  • Geest Plc v Lansiquot
    • Privy Council
    • 07 Oct 2002

    It should however be clearly understood that if a defendant intends to contend that a plaintiff has failed to act reasonably to mitigate his or her damage, notice of such contention should be clearly given to the plaintiff long enough before the hearing to enable the plaintiff to prepare to meet it. If there are no pleadings, notice should be given by letter.

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Legislation
  • The Credit Rating Agencies (Civil Liability) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... for the purposes of determining whether the statement gives rise to a duty of care in negligence. S-7 . “Due care” “Due care” . 7. In ...S-15 . Issuers and investors: duty to mitigate loss and contributory negligence Issuers and investors: duty to mitigate ......
  • The Employment Rights Act 1996 (NHS Recruitment — Protected Disclosure) Regulations 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... the loss, the tribunal must apply the same rule concerning the duty to mitigate loss as applies to damages recoverable under the common law of ......
  • Finance Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ......(4) In section 852 of that Act (power to make regulations disapplying duty to deduct sums representing income tax), in subsection (2)(a), after ... group or entity to remedy the breach of the Code or otherwise to mitigate its effect, and. . . (b) any exceptional circumstances which might ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (c) (c) change or disapply any duty of a person with corporate responsibility or the liability of such a ... if the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus. . (2) In this section— . “coronavirus” ......
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Books & Journal Articles
  • The White & Carter Principle: A Restatement
    • Núm. 74-2, Marzo 2011
    • The Modern Law Review
    This article reviews the English courts' approach to the controversial decision in White & Carter (Councils) Ltd v McGregor and suggests a systematic reformulation of the principle to be derive...
    ...... of a‘legitimate interest’, namely , the adequacy of damages , the duty to mitigate and the concept of wholly unreasonable , are assessed and ......
  • NEW ANGLES IN THE ETERNAL HIRE‐PURCHASE TRIANGLE
    • Núm. 25-1, Enero 1962
    • The Modern Law Review
    ...... amounted to a failure to take reasonable steps to mitigate the loss and damage occasioned to them by reason of the ... for any loss resulting from his failure to discharge this duty. The duty to mitigate is confined to such action as a reasonable ......
  • Book Review: Dominic Roser and Christian Seidel, Climate Justice: An Introduction
    • Núm. 16-1, Febrero 2018
    • Political Studies Review
    ......in the area of climate policy. tion, ‘Do we have a duty to do anything at all in . The book is suitable for introductory . the ...environmental ethics and environmental eco-. duty to mitigate climate change and refute the . nomics, as well as for a broader circle ......
  • The Climate Duties of Sub-National Political Communities
    • Núm. 68-1, Febrero 2020
    • Political Studies
    In recent years, several actors at the sub-national level (e.g. California, British Columbia, New York City) have taken unilateral steps to mitigate climate change by reducing their emissions. Thes...
    ......, British Columbia, New York City) have taken unilateral steps to mitigate climate change by reducing their emissions. These developments have ... cases in which the failure of some collective agent to discharge some duty to which it is subject entails duties for the sub-collectives of which it ......
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Law Firm Commentaries
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