In a recent non-shipping case of Thai Airways International Public Company Ltd v. KI Holdings Co Ltd [2015] EWHC 1250 (Comm), whose principles are equally valid for shipping/maritime cases, a concept of mitigation was further explained by the English Court.
The English Commercial Court in this case has confirmed that, when assessing damages for breach of contract, credit must be given for any monetary benefit, whether chosen or not, which a claimant has received, or will receive, as a result of taking reasonable steps to mitigate its loss. The Court has also confirmed that the burden lies with a defendant to prove that this monetary benefit exists, and the amount of such a benefit.
See attached file: ALCO20150043 Mitigation of Loss or Damage.pdf
减损
英国法院在最近一个非海事案例 Thai Airways International Public Company Ltd v. KI Holdings Co Ltd [2015] EWHC 1250 (Comm) 中进一步解释了减损的概念，该原则也适用于航运/海事案例。
英国商事法庭在本案中确认，首先，评估合同违约导致的损失时，必须扣除原告采取合理措施减少其损失，而获得的或将会获得的任何货币收益。其次，证明货币收益存在以及金额的举证责任在抗辩方。
详细信息请参阅附件。
