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This webinar looks at those matters that could reduce the damages a claimant receives in a personal injury case, looking firstly at deductions from damages (outside the CRU regime) and then at issues relating to mitigation of loss.
Gordon Exall will cover:
- What is the position in relation to the deduction of benefits not subject to CRU?
- Are insurance payments deductible?
- What if the claimant is paid gratuitously?
- What if there are savings in living expenses?
- What happens if the claimant’s tax position changes
- Does the court take account of an improvement in the claimant’s working conditions?
Looking at mitigation we consider:
- The “duty” to mitigate loss – is this a misnomer?
- Who should plead a failure to mitigate?
- When should a claimant plead a failure to mitigate?
- The burden of proof in mitigation of loss
- The consequence of a failure to mitigate
- Common issues of failure to mitigate loss in personal injury cases
- The steps practitioners should take in relation to mitigation of loss
On-demand
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