83Mitigating factors in proceedings for damages arising from construction of bridge

#### 83 Mitigating factors in proceedings for damages arising from construction of bridge 83 Mitigating factors in proceedings for damages arising from construction of bridge > In proceedings for damages claimed because of the adverse effects of a bridge on public rights of navigation, the court is required to take the following matters into account by way of mitigation— > > > (a) whether it is reasonably practicable for vessels under construction, or likely to be constructed, to be so designed or re-designed that any part of the vessel likely to prevent its passage past the bridge may be lowered or otherwise altered in order to allow passage, > > > (b) any refusal by the claimant to remove a boat-building business conducted by the claimant to an alternative site provided by the appropriate roads authority, > > > (c) the age, condition and future useful life of buildings and equipment used for the purposes of such a business, > > > (d) any benefits that might accrue from a removal of such a business.