Commercial Court has provided important guidance in relation to the law of mitigation

In Thai Airways International Public Company Ltd v KI Holdings Co Ltd [2015] EWHC 1250 (Comm), the court had to consider the appropriate measure of damages for breach of contract, in circumstances where the claimant incurred costs by taking steps to mitigate its loss, but also gained certain benefits from the mitigating actions.

This note, originally published by Practical Law Dispute Resolution on 13 May 2015, looks in further detail at the Thai Airways case and what it means for the law of mitigation.