NTN Corporation and Others v Stellantis Nv and Others: CA 7 Jan 2022

The Court was asked: ‘Where a supplier has, in breach of duty (tortious, contractual or otherwise), charged a purchaser too much for supplies (‘the overcharge’), can the supplier seek to defeat a claim for compensation brought by the purchaser by pleading that the purchaser has mitigated the overcharge by neutralising the sum in question by securing commensurately increased discounts on supplies to it from other suppliers (‘off-setting’)? In particular is it permissible to plead such a defence without any actual evidence that the claimant did in fact mitigate its loss in this manner but only upon the hypothetical basis that it is a ‘reasonable’ inference that can be drawn that the purchaser would have mitigated in this manner. ‘


Sir Julian Flaux
Chancellor of the High Court
Lord Justice Green
Lady Justice Whipple


[2022] EWCA Civ 16




England and Wales


Updated: 28 January 2022; Ref: scu.671053