Source: All England Reporter
Publisher Citation: [2002] All ER (D) 87 (Oct)
Neutral Citation: [2002] UKPC 48
Court: Privy Council
Judge:

Lord Bingham of Cornhill, Lord Steyn, Lord Hobhouse of Woodborough, Lord Millett and Lord Scott of Foscote

Judgment Dates: 7 October 2002

Catchwords

Damages - Mitigation of loss - Reasonable steps to mitigate damage - Personal injury - Plaintiff refusing to have back surgery - Whether plaintiff's decision unreasonable.

The Case

The Privy Council affirmed the decision of the Eastern Caribbean Court of Appeal (St Lucia) reversing the trial judge's decision that the plaintiff acted unreasonably in refusing to have back surgery and therefore failed to mitigate her loss.

Practice Areas

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