Jet2.Com Ltd v Blackpool Airport Ltd [2010] EWHC 3166 (Comm) (03 December 2010)

Jet2.Com Ltd v Blackpool Airport Ltd [2010] EWHC 3166 (Comm) (03 December 2010)

The claimant has a strong arguable case that the defendant's refusal to accommodate flights outside promulgated hours would breach the Letter Agreement, given the contract's focus on facilitating low-cost operations and the established practice. Continuing the injunction preserves the dynamic status quo and avoids irreparable harm to the claimant, while the defendant's additional costs do not amount to irremediable prejudice. The balance of convenience favours maintaining the injunction pending trial, with suitable modifications to address operational concerns.

Citation
[2010] EWHC 3166 (Comm)
Parties
Claimant: Jet2.com Limited; Defendant: Blackpool Airport Ltd
Jurisdiction
England and Wales
Judgment Date
03 December 2010
Procedural Posture
Commercial Court Claim / Interlocutory Application to Continue Injunction Pending Trial
Outcome
Injunction continued pending expedited trial
Legal Topics
Interlocutory Injunctions, Airport Operations, Best Endeavours Clauses, Estoppel by Convention, Specific Performance
Contract Law Commercial Law Interlocutory Injunctions Airport Operations Best Endeavours Clauses Estoppel by Convention Specific Performance

Case Brief

Summary, issues, holding and outcome

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Parties

Jet2.com Limited

Claimant

Blackpool Airport Ltd

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application to Continue Injunction Pending Trial

Legal Issues

  1. 1 Whether Blackpool Airport Ltd is contractually obliged to accommodate Jet2.com's flights outside promulgated operating hours under the Letter Agreement
  2. 2 Whether the Letter Agreement requires the airport to remain open for Jet2.com's scheduled flights beyond standard hours
  3. 3 Whether an interlocutory injunction should be continued pending trial to maintain the status quo

Ratio Decidendi

The claimant has a strong arguable case that the defendant's refusal to accommodate flights outside promulgated hours would breach the Letter Agreement, given the contract's focus on facilitating low-cost operations and the established practice. Continuing the injunction preserves the dynamic status quo and avoids irreparable harm to the claimant, while the defendant's additional costs do not amount to irremediable prejudice. The balance of convenience favours maintaining the injunction pending trial, with suitable modifications to address operational concerns.

Court Disposition

Injunction continued pending expedited trial

Orders

  • The injunction granted by Hamblen J is continued until trial, subject to variations to address operational and supervisory concerns.