Qatar Airways Group QCSC v Airbus SAS

Qatar Airways Group QCSC v Airbus SAS

There is no real risk of prosecution under the French Blocking Statute for Airbus SAS in this context; the letter of request route is not justified and would likely cause unacceptable delay to the trial timetable. Disclosure must proceed as ordered under English procedural law.

Parties
Claimant: Qatar Airways Group QCSC; Defendant: Airbus SAS
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
Commercial Litigation / Interlocutory Application Ruling
Outcome
Application for letter of request route refused; disclosure to proceed as ordered.
Legal Topics
Disclosure, Foreign Blocking Statute, Letters of Request, Jurisdiction, Costs
Civil Procedure International Law Disclosure Foreign Blocking Statute Letters of Request Jurisdiction Costs

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Parties

Qatar Airways Group QCSC

Claimant

Airbus SAS

Defendant

Procedural Posture

Commercial Litigation / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether disclosure by Airbus SAS should be effected via a letter of request due to the French Blocking Statute
  2. 2 Whether there is a real risk of prosecution under the French Blocking Statute for complying with English disclosure orders
  3. 3 Whether the letter of request route would adversely impact the trial timetable

Ratio Decidendi

There is no real risk of prosecution under the French Blocking Statute for Airbus SAS in this context; the letter of request route is not justified and would likely cause unacceptable delay to the trial timetable. Disclosure must proceed as ordered under English procedural law.

Court Disposition

Application for letter of request route refused; disclosure to proceed as ordered.

Orders

  • Disclosure to proceed under English procedural law without letter of request.
  • Airbus SAS to pay Qatar Airways Group QCSC £70,000 in costs within 14 days.