Duty to mitigate refers to the obligation on a party who has suffered loss (typically following a breach of contract or tort/delict) to take reasonable steps to reduce that loss, rather than allowing it to accumulate. A claimant cannot recover damages for losses that could reasonably have been avoided.In England and Wales and Northern Ireland, the duty to mitigate is a common law principle developed through case law, especially in contract and tort. In Ireland and Scotland, the concept is similar, with Scottish law treating it as part of the rules on remoteness and quantification of damages in delict and contract. Across all four jurisdictions, the test is one of reasonableness, judged at the time of the alleged mitigation steps, not with hindsight.The duty does not require a claimant to take undue risk, incur disproportionate expense, or sacrifice substantial legal rights. A failure to mitigate does not extinguish the claim but limits recoverable damages to the loss that would have been suffered had reasonable mitigation occurred. The concept is routinely applied in commercial litigation, employment disputes, property damage claims and personal injury cases.

ARCHIVED: this tracker is no longer maintained. The tracker for appeal cases in 2026 is here: Dispute resolution: key appeal cases—2026. This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation procedure generally: • selected forthcoming appeals to the Supreme Court are noted below; see Dispute resolution: key appeal cases—2025 [Archived]—Part 1: Key forthcoming appeals to the Supreme Court—2025 • summaries of the key appeal cases in England and Wales (ie decisions of the Court of Appeal and Supreme Court and, where relevant, some judgments of the Competition Appeal Tribunal (CAT), Judicial Committee of the Privy Council (JCPC), Court of Justice of the European Union), and ECtHR, which we have reported; see: Dispute resolution: key appeal cases—2025 [Archived]—Part 2: Key civil litigation appeals in review—2025 This content can be browsed through the table of contents in the left margin. Alternatively, this tracker can be searched using [CTRL]+[F]. This content

The Joint Contracts Tribunal who produce a suite of building contracts for use as a standard industry form

A defined term from the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) which is required to enable adjudication.

Exclusions which can be used to avoid dealing as agent or arranging a transaction by entering into such a transaction on the advice of an authorised person

This is a type of regulated investment as defined in the Regulated Activities Order 2001, art 3.

A traditional rule of construction is that if there is any ambiguity in a contractual term, the construction less favourable to the proferens will be adopted.

Impact of national insolvency on domestic or foreign arbitration (England and Wales) This Practice Note considers the impact of insolvency proceedings initiated in England and Wales on arbitration commitments involving an insolvent party. The IBA toolkit on insolvency and arbitration This Practice Note is based on the National Report of England and Wales which forms part of the IBA Toolkit on Insolvency and Arbitration (IBA Toolkit), and is reproduced with permission. The IBA Toolkit provides guidance to parties, counsel, and arbitrators in situations where a party to arbitration proceedings is also subject to insolvency proceedings in one or more jurisdictions. The IBA Toolkit contains a number of National Reports in addition to the one on which this Practice Note is based. For the avoidance of doubt, the National Report upon which this Practice Note is based is not intended to provide legal advice applicable to specific fact situations. Non-application of EU Recast Regulation on Insolvency following Brexit This Practice Note

The financial reward to a financial adviser for a customer taking out a new policy.

Where an employee has given notice to the employer to terminate the employment relationship.

This week’s edition of Private Client highlights includes: (1) analysis of the Law Commission’s report on modernising the law on Wills: (2) ATN v BTN, in which the High Court ruled that a 17-year-old transgender girl possesses capacity for HRT; (3) call for evidence on the tax treatment of carried interest—government response and policy update; (4) Governors of the Free Grammar School of John Lyon v Attorney General, which concerned the amending of objects of a Royal Charter charity; (5) Rogers v Wills, in which a daughter won her claim against her parent’s estate for reimbursement of the value of care provided to the parent; (6) the Government unveils landmark pension reforms in its Pension Schemes Bill; (7) analysis of Moran v Revenue and Customs Commissioners, a decision about the transfer of assets abroad benefits charge, and (8) Spending Review 2025.

This week's edition of EU Law weekly highlights includes Amazon Prime changing its cancellation practices to comply with EU consumer rules, consumer groups bringing an action against Google for steering its users towards increased surveillance, the entry into force of the Vehicle General Safety Regulation and the ‘Roam-like-at-home’ Regulation, the Commission seeking feedback on the Motor Vehicle Block Exemption Regulation and the antitrust enforcement framework, the European Parliament not objecting to inclusion of gas and nuclear in Taxonomy and adopting the Digital Services Act and Digital Markets Act. Also in this week’s highlights, the Council of EU and European Parliament reaching deal on foreign subsidies regulation and the MiCA proposal, and the CJEU finds that UK nationals have lost EU citizenship rights after UK left the EU.