Qatar Airways Group QCSC v Airbus SAS [2022] EWHC 1247 (TCC) (26 April 2022)

Qatar Airways Group QCSC v Airbus SAS [2022] EWHC 1247 (TCC) (26 April 2022)

Damages are an adequate remedy for Qatar Airways for the interim period pending trial, and the requirements for granting a mandatory interlocutory injunction are not met. The application for an injunction is dismissed.

Citation
[2022] EWHC 1247 (TCC)
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
Interlocutory Injunction Application / Interim Application Pending Trial
Outcome
Application for interlocutory injunction dismissed
Legal Topics
Specific Performance, Interlocutory Injunctions, Adequacy of Damages, Cross Default Clauses, Aircraft Purchase Agreements

Case Brief

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Parties

Qatar Airways Group Q. C. S. C.

Claimant

Airbus S. A. S.

Defendant

Procedural Posture

Interlocutory Injunction Application / Interim Application Pending Trial

  1. 1 Whether Qatar Airways was in breach of the A350 Agreement by refusing delivery
  2. 2 Whether Airbus was entitled to terminate the AA321 Agreement under clause 17.4 of the Common Terms
  3. 3 Whether Qatar Airways would be entitled to specific performance of the AA321 Agreement

Ratio Decidendi

Damages are an adequate remedy for Qatar Airways for the interim period pending trial, and the requirements for granting a mandatory interlocutory injunction are not met. The application for an injunction is dismissed.

Court Disposition

Application for interlocutory injunction dismissed

Orders

  • Application for interim injunction dismissed