Unnecessay awkwardness and the "no loss" argument in Altimarloch

Abstract

This paper discusses the “no loss” argument raised in Marlborough District Council v Altimarloch. Assessing the conventional principles relevant to assessing loss in negligence, it suggests that no extension of the principles should be made to include a third party claim for damages in the calculation of loss. The principle in The Liverpool (No 2), and the principles of mitigation are also discussed.