Thomas Cook Tour Operations Ltd & Anor v Louis Hotels SA [2013] EWHC 2469 (QB) (09 August 2013)

Thomas Cook Tour Operations Ltd & Anor v Louis Hotels SA [2013] EWHC 2469 (QB) (09 August 2013)

The Greek court's refusal of interim relief does not preclude the English court from granting summary judgment or interim payment, as the Greek decision concerned only interim relief and not the substantive claim. The evidence supports that the claimants incurred substantial losses, justifying the interim payment. The defendant is not precluded from raising causation arguments at the damages assessment stage, subject to the terms of the contract.

Citation
[2013] EWHC 2469 (QB)
Parties
First Claimant: Thomas Cook Tour Operations Ltd; Second Claimant: Tourmajor Limited; Defendant: Louis Hotels S.A
Jurisdiction
England and Wales
Judgment Date
09 August 2013
Procedural Posture
Civil (contract/commercial) / Supplemental Judgment Following Application for Reconsideration After Summary Judgment and Interim Payment Order
Outcome
Application for reconsideration refused; previous summary judgment and interim payment order stand.
Legal Topics
Summary Judgment, Interim Payment, Recognition of Foreign Judgments, Interim Relief, Assessment of Damages
Civil Procedure Contract Law Private International Law Summary Judgment Interim Payment Recognition of Foreign Judgments Interim Relief Assessment of Damages

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Parties

Thomas Cook Tour Operations Ltd

First Claimant

Tourmajor Limited

Second Claimant

Louis Hotels S.A

Defendant

Procedural Posture

Civil (contract/commercial) / Supplemental Judgment Following Application for Reconsideration After Summary Judgment and Interim Payment Order

Legal Issues

  1. 1 Whether the Greek court's refusal of interim relief precludes summary judgment or interim payment in England
  2. 2 Whether the invoices and documents support the claimants' financial loss claim
  3. 3 Whether the defendant is precluded from raising causation arguments at damages assessment

Ratio Decidendi

The Greek court's refusal of interim relief does not preclude the English court from granting summary judgment or interim payment, as the Greek decision concerned only interim relief and not the substantive claim. The evidence supports that the claimants incurred substantial losses, justifying the interim payment. The defendant is not precluded from raising causation arguments at the damages assessment stage, subject to the terms of the contract.

Court Disposition

Application for reconsideration refused; previous summary judgment and interim payment order stand.

Orders

  • Summary judgment for claimants stands
  • Interim payment of £1 million to claimants stands