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Causation and mitigation of loss: Assessing damages to reduce recoverable loss

Overview

The judgment in "The New Flamenco" (Supreme Court 28th June 2017) concerns the assessment of damages, and in particular whether benefits obtained by the innocent party following a breach should be taken into account when assessing damages so as to reduce the recoverable loss. The judgment is therefore of considerable significance in respect of questions of causation and mitigation of loss in general, which are often two sides of the same coin.

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