Qatar Airways Group Q.C.S.C. v Airbus S.A.S.

Qatar Airways Group Q.C.S.C. v Airbus S.A.S.

The application for an interlocutory injunction is dismissed because damages are an adequate remedy for Qatar Airways in the period up to trial. The evidence shows that alternative aircraft can be sourced through leasing or purchase, and any additional costs or losses can be compensated by damages. The court does not rule out specific performance as a possible remedy at trial but finds no basis for mandatory interim relief. The balance of convenience does not favour granting the injunction.

Parties
Claimant: Qatar Airways Group Q. C. S. C.; Defendant: Airbus S. A. S.
Jurisdiction
England and Wales
Judgment Date
26 April 2022
Procedural Posture
Commercial Dispute / Interlocutory Application for Injunction
Outcome
Application for interlocutory injunction dismissed
Legal Topics
Interlocutory Injunctions, Specific Performance, Damages, Aircraft Purchase Agreements, Cross Default Clauses
Contract Law Commercial Law Interlocutory Injunctions Specific Performance Damages Aircraft Purchase Agreements Cross Default Clauses

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Parties

Qatar Airways Group Q. C. S. C.

Claimant

Airbus S. A. S.

Defendant

Procedural Posture

Commercial Dispute / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether Qatar Airways is entitled to an interlocutory injunction restraining Airbus from acting on the termination of the AA321 Agreement and requiring Airbus to continue performance pending trial
  2. 2 Whether there is a serious issue to be tried regarding breach of the A350 Agreement and entitlement to specific performance
  3. 3 Whether damages would be an adequate remedy for Qatar Airways in lieu of injunctive relief

Ratio Decidendi

The application for an interlocutory injunction is dismissed because damages are an adequate remedy for Qatar Airways in the period up to trial. The evidence shows that alternative aircraft can be sourced through leasing or purchase, and any additional costs or losses can be compensated by damages. The court does not rule out specific performance as a possible remedy at trial but finds no basis for mandatory interim relief. The balance of convenience does not favour granting the injunction.

Court Disposition

Application for interlocutory injunction dismissed