Description
Claimant Could Not Recover Cost to Defendant of Offer that Extinguished Hire Claim:Judge Jones QC in Dudley County Court held on appeal that the Claimant had failed to mitigate by not accepting a reasonable offer of a replacement car from the Defendant's insurers. Disagreeing with the decision at the same level in Evans v. TNT (2006), he held that the consequence of his primary finding was that the Claimant was not entitled to recover an amount in reference to what it would have cost the Defendant to provide her with a replacement car. The rationale for the decision was that the only relevant loss that warranted consideration was the loss suffered by the Claimant; any steps taken by the Defendant were irrelevant to the measurement of her loss.
