Times Travel (UK) Limited & Anor. v Pakistan International Airlines Corporation

Times Travel (UK) Limited & Anor. v Pakistan International Airlines Corporation

The Court of Appeal refused to allow PIA to raise a new point on appeal regarding the calculation of sums due based on tax-inclusive figures, as this would require new evidence and a retrial. The issue should have been raised at trial. The appeal was dismissed.

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 Quantum/account
Outcome
Appeal dismissed
Legal Topics
Appeals—new Points on Appeal, Debarring Orders, Slip Rule Corrections, Agency Commission Calculations
Contract Law Civil Procedure Appeals—new Points on Appeal Debarring Orders Slip Rule Corrections Agency Commission Calculations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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 Quantum/account

Legal Issues

  1. 1 Whether the appellant can raise a new point on appeal regarding calculation of sums due based on tax-inclusive figures
  2. 2 Whether the sums due to the respondents were overstated by including taxes contrary to the contractual definition of 'Net Ticket Price' and 'base ticket sales'
  3. 3 Whether the slip rule could be used to correct the alleged error in the account

Ratio Decidendi

The Court of Appeal refused to allow PIA to raise a new point on appeal regarding the calculation of sums due based on tax-inclusive figures, as this would require new evidence and a retrial. The issue should have been raised at trial. The appeal was dismissed.

Court Disposition

Appeal dismissed