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04 September 2008 / Jeremy Nixon
Issue: 7335 / Categories: Features , Employment
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Managing the credit crunch

Part 2: Jeremy Nixon reviews the law in relation to mitigation of loss

It is well established that an individual who has been unfairly or wrongfully dismissed by their employer is under a duty to take reasonable steps to mitigate their loss. The question of loss is often a key battle ground in any litigation, particularly where the parties are discussing the possibility of a settlement. Frequently, employees have high expectations in terms of the amount they are likely to recover. On the other hand, employers often prefer to focus on the question of loss particularly where their case in relation to liability is not strong. The employer's primary aim here will be to inject what they regard as some realism into the employee's expectations.
General principles

A claimant in a wrongful or unfair dismissal case is required to give credit for any sums received following their dismissal either by way of social security payments or earnings. Further, the claimant cannot recover damages for any losses which he could reasonably have avoided. The duty

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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