Fibula Air Travel Srl v Just-Us Air Srl

Fibula Air Travel Srl v Just-Us Air Srl

Permission is granted to amend the Reply and Defence to Amended Counterclaim to raise the Audit Defence and Approvals Defence because these points were not previously pleaded or decided, do not amount to an abuse of process, and are not barred by issue estoppel. Permission is refused for the Frustration Defence and Furlough Defence as they are either issue estopped or have no real prospect of success.

Parties
Claimant: Fibula Air Travel Srl; Defendant: Just-Us Air Srl
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Claim and Counterclaim / Application to Amend Reply and Defence to Amended Counterclaim
Outcome
Application to amend allowed in part, refused in part
Legal Topics
Amendment of Pleadings, Issue Estoppel, Abuse of Process, Aircraft Lease, Force Majeure, Frustration, Summary Judgment
Contract Law Civil Procedure Amendment of Pleadings Issue Estoppel Abuse of Process Aircraft Lease Force Majeure Frustration +1 more

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Parties

Fibula Air Travel Srl

Claimant

Just-Us Air Srl

Defendant

Procedural Posture

Commercial Claim and Counterclaim / Application to Amend Reply and Defence to Amended Counterclaim

Legal Issues

  1. 1 Whether the claimant may amend its Reply and Defence to Amended Counterclaim to introduce new defences based on the audit condition, approvals condition, frustration, and furlough payments
  2. 2 Whether issue estoppel or the Henderson v Henderson principle precludes the proposed amendments

Ratio Decidendi

Permission is granted to amend the Reply and Defence to Amended Counterclaim to raise the Audit Defence and Approvals Defence because these points were not previously pleaded or decided, do not amount to an abuse of process, and are not barred by issue estoppel. Permission is refused for the Frustration Defence and Furlough Defence as they are either issue estopped or have no real prospect of success.

Court Disposition

Application to amend allowed in part, refused in part

Orders

  • Permission granted to amend Reply and Defence to Amended Counterclaim to raise Audit Defence and Approvals Defence
  • Permission refused to raise Frustration Defence and Furlough Defence