Qatar Airways Group QCSC v Airbus SAS [2022] EWHC 3678 (TCC) (15 July 2022)

Qatar Airways Group QCSC v Airbus SAS [2022] EWHC 3678 (TCC) (15 July 2022)

There is no real risk of prosecution of Airbus under the French Blocking Statute for complying with English disclosure orders in this case. The letter of request route is not justified, would likely cause delay, and is not required. Disclosure must proceed under the standard English procedure.

Source-derived case information.

Citation
[2022] EWHC 3678 (TCC)
Parties
Claimant: Qatar Airways Group QCSC; Defendant: Airbus SAS
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
Application Within Ongoing Commercial Litigation / Interlocutory Application for Disclosure Procedure
Outcome
Application dismissed
Legal Topics
Disclosure, Foreign Law Compliance, Letters of Request, French Blocking Statute, Expedited Trial
Civil Procedure International Law Commercial Law Disclosure Foreign Law Compliance Letters of Request French Blocking Statute Expedited Trial

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Parties

Qatar Airways Group QCSC

Claimant

Airbus SAS

Defendant

Procedural Posture

Application Within Ongoing Commercial Litigation / Interlocutory Application for Disclosure Procedure

Legal Issues

  1. 1 Whether disclosure by Airbus should be made via a letter of request to comply with the French Blocking Statute (FBS) or by standard English disclosure procedures
  2. 2 Whether there is a real risk of prosecution under the FBS for Airbus if it complies with English disclosure orders
  3. 3 Whether the letter of request route would prejudice the trial timetable

Ratio Decidendi

There is no real risk of prosecution of Airbus under the French Blocking Statute for complying with English disclosure orders in this case. The letter of request route is not justified, would likely cause delay, and is not required. Disclosure must proceed under the standard English procedure.

Court Disposition

Application dismissed

Orders

  • Disclosure to proceed under standard English procedure, not via letter of request.
  • Airbus to pay Qatar Airways' costs of the application, summarily assessed at £70,000, payable within 14 days.