Thai Airways International Public Company Ltd v KI Holdings Co Ltd & Anor [2015] EWHC 1476 (Comm) (22 May 2015)

Thai Airways International Public Company Ltd v KI Holdings Co Ltd & Anor [2015] EWHC 1476 (Comm) (22 May 2015)

Thai Airways is entitled to damages including the full amount claimed for replacement seats, installation, and fuel; costs assessed on the indemnity basis from 3 October 2014 and on the standard basis before that date; interest at 2.5% over 6 month US dollar LIBOR (or 8% from 3 October 2014 under CPR 36.17(4)); and an additional sum of £75,000 under CPR 36.17(4)(d). Permission to appeal is refused as no grounds have a real prospect of success.

Citation
[2015] EWHC 1476 (Comm)
Parties
Claimant: Thai Airways International Public Company Ltd; First Defendant/part 20 Claimant: KI Holdings Co Ltd (formerly known as Koito Industries Ltd); Second Defendant: Asia Fleet Services (Singapore) PTE Ltd
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Commercial Claim for Damages (breach of Contract) / Post Trial Judgment on Consequential Issues (damages, Costs, Interest, Permission to Appeal)
Outcome
Judgment for the claimant (Thai Airways). Permission to appeal refused.
Legal Topics
Damages Assessment, Mitigation of Loss, Costs (cpr Part 36), Interest on Damages, Permission to Appeal
Commercial Law Contract Law Civil Procedure Damages Assessment Mitigation of Loss Costs (cpr Part 36) Interest on Damages Permission to Appeal

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Parties

Thai Airways International Public Company Ltd

Claimant

KI Holdings Co Ltd (formerly known as Koito Industries Ltd)

First Defendant/part 20 Claimant

Asia Fleet Services (Singapore) PTE Ltd

Second Defendant

Procedural Posture

Commercial Claim for Damages (breach of Contract) / Post Trial Judgment on Consequential Issues (damages, Costs, Interest, Permission to Appeal)

Legal Issues

  1. 1 Quantum of damages payable to Thai Airways
  2. 2 Entitlement to costs and basis of assessment
  3. 3 Appropriate rate and period for interest on damages and costs

Ratio Decidendi

Thai Airways is entitled to damages including the full amount claimed for replacement seats, installation, and fuel; costs assessed on the indemnity basis from 3 October 2014 and on the standard basis before that date; interest at 2.5% over 6 month US dollar LIBOR (or 8% from 3 October 2014 under CPR 36.17(4)); and an additional sum of £75,000 under CPR 36.17(4)(d). Permission to appeal is refused as no grounds have a real prospect of success.

Court Disposition

Judgment for the claimant (Thai Airways). Permission to appeal refused.

Orders

  • Koito to pay Thai Airways damages of US$82,732,284, €19,857,165, and THB 4,640,417.
  • Costs to Thai Airways: indemnity basis from 3 October 2014, standard basis before that date.