Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mitigation definition

What does Mitigation mean? Mitigation describes the reasonable steps a claimant is expected to take, after a breach of contract or a tort (delict in Scotland), to avoid or reduce loss and to give credit for any benefits obtained. Often called the duty to mitigate loss, it is a case law principle applied when quantifying damages, not usually defined by statute, and is used consistently across England and Wales, Scotland, Northern Ireland and Ireland. It is relevant across commercial, employment and personal injury claims. The standard is reasonableness, judged prospectively. A claimant need not incur disproportionate expense, take undue risk, or accept...

A Practitioner’s Guide to Mitigation in Criminal Sentencing: Offence and Personal Factors, Article 8, Health, Character References and Plea Structure in England and Wales

Published by a LexisNexis Corporate Crime expert

Practice notes

Once a defendant is found guilty of a criminal offence by a court in England and Wales, the court then considers what sentence should follow. See Practice Notes: Sentencing procedure in the magistrates’ and Crown Courts and Sentencing Code. This Practice Note outlines the purpose and reach of mitigation advanced on behalf of convicted defendants in England and Wales to lessen the sentence imposed by the court...

Factors determining sentence

Sentencing courts must have regard to any matters that, in the court’s opinion, are relevant in mitigation of sentence. Mitigation covers any element of a case that reduces the seriousness of the sentence to be passed, whether affecting its length or its type. By contrast, aggravating factors are those that increase the severity of the sentence. Before reaching conclusions for the purpose of imposing certain sentences, the court is required to consider both aggravating and mitigating factors linked to the circumstances of the offence and any associated offence. For these purposes, the court should obtain a pre-sentence report unless, given the particular circumstances, it determines that obtaining one is unnecessary...

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Stan Reiz , KC

2BR

Stan Reiz KC specialises in all aspects of financial crime litigation. He recently represented a defendant in a complex international money laundering prosecution relating to what was alleged to have been US$170m traded in cryptocurrency between countries including the UK, Ukraine, Iran and the UAE. He also represented a company director accused of complicity in a £93m fraud on Royal Mail committed over a nine-year period using a network of companies offering postal services. Mr Reiz successfully represented a HNW property developer charged with Cheating the Public Revenue out of millions of pounds in tax; achieved the discharge of an account freezing order for another HNW director of property development companies; defended a practising doctor prosecuted by the FCA for Financial Services Act offences arising from the selling of shares and secured a suspended sentence for a money transmitter who breached the Money...

Web page updated on 21/05/2026

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