Mitigation, Damages and Force Majeure: the Supreme Court speaks in Sharp v Viterra and RTI v MUR

OVERVIEW

Following the recent Supreme Court decisions in Sharp v Viterra and RTI v MUR Chirag Karia KC, James Shirley, Gemma Morgan & Ben Gardner discussed the implications of those decisions. There is a common theme of mitigation but with very different results. Can these decisions be reconciled and what do they mean for the law of damages and force majeure?