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Contract – Breach. The claimant, Thai airlines, claimed damages for breach of three contracts made with the defendant for the supply economy class seats for three groups of aircraft. The seats had not been delivered and, among other things, the claimant had sought to mitigate its losses and had allegedly incurred costs, among other things, of just under US$162m by leasing aircraft from another company. The defendant admitted liability, but, on the question of quantum, contended that account should be taken of the benefits the claimant had gained from leasing the aircraft and other mitigating steps it had taken. The Commercial Court held that, in assessing damages for breach of contract, credit had to be given for any monetary benefit, whether chosen or not, which the claimant had received or would receive as a result of an action reasonably taken to mitigate its loss. It ruled, among other things, that the claimant was entitled to recover the lease costs in the sum of US$107m.
Contract – Breach. The claimant, Thai airlines, claimed damages for breach of three contracts made with the defendant for the supply economy class seats for three groups of aircraft. The seats had not been delivered and, among other things, the claimant had sought to mitigate its losses and had allegedly incurred costs, among other things, of just under US$162m by leasing aircraft from another company. The defendant admitted liability, but, on the question of quantum, contended that account should be taken of the benefits the claimant had gained from leasing the aircraft and other mitigating steps it had taken. The Commercial Court held that, in assessing damages for breach of contract, credit had to be given for any monetary benefit, whether chosen or not, which the claimant had received or would receive as a result of an action reasonably taken to mitigate its loss. It ruled, among other things, that the claimant was entitled to recover the lease costs in the sum of US$107m.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
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Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
