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Copley -v- Lawn; Maden v Haller

17th Jun 2009

[2010] 1 All ER (Comm) 890; [2009] Lloyd’s Rep IR 496

Christopher Butcher QC – Damages – Mitigation of loss – Reasonable steps to mitigate damage – Standard of reasonableness – Claimants’ cars damaged in road traffic accidents as result of defendants’ negligence – Claimants making arrangements to hire cars while their own cars being repaired – Defendants’ insurer subsequently offering to provide ‘free’ use of car to claimants – Claimants not accepting insurer’s offer – Whether claimants’ unreasonably failing to mitigate their loss.