Times Travel (UK) Ltd & Anor v Pakistan International Airlines Corporation [2022] EWCA Civ 415 (29 March 2022)

Times Travel (UK) Ltd & Anor v Pakistan International Airlines Corporation [2022] EWCA Civ 415 (29 March 2022)

PIA was not permitted to raise the new point on appeal regarding the calculation of sums due, as it would require new evidence and a new hearing, and the issue should have been raised at trial. The need for finality in litigation and the absence of sufficient evidence to resolve the issue on appeal justified dismissing the appeal.

Citation
[2022] EWCA Civ 415
Parties
Claimant/respondent: Times Travel (UK) Limited; Claimant/respondent: Nottingham Travel Limited; Defendant/appellant: Pakistan International Airlines Corporation
Jurisdiction
England and Wales
Judgment Date
29 March 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Account and Quantum
Outcome
Appeal dismissed
Legal Topics
Agency Commission, Remuneration Calculation, Slip Rule, Raising New Points on Appeal, Finality of Litigation
Contract Law Civil Procedure Agency Commission Remuneration Calculation Slip Rule Raising New Points on Appeal Finality of Litigation

Case Brief

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Parties

Times Travel (UK) Limited

Claimant/respondent

Nottingham Travel Limited

Claimant/respondent

Pakistan International Airlines Corporation

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Account and Quantum

Legal Issues

  1. 1 Whether Pakistan International Airlines Corporation can raise on appeal a new point regarding the calculation of sums due to Times Travel (UK) Limited and Nottingham Travel Limited, specifically that the sums were calculated on a tax-inclusive basis contrary to the contractual definition, and whether the sums should be recalculated excluding tax.

Ratio Decidendi

PIA was not permitted to raise the new point on appeal regarding the calculation of sums due, as it would require new evidence and a new hearing, and the issue should have been raised at trial. The need for finality in litigation and the absence of sufficient evidence to resolve the issue on appeal justified dismissing the appeal.

Court Disposition

Appeal dismissed

Orders

  • Permission to raise new point on appeal refused
  • Original High Court order stands