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 a freezing order does not preclude the English court from granting summary judgment or ordering an interim payment, as the issues and legal standards differ; the evidence supports an interim payment of £1 million; causation arguments remain open at the damages assessment stage, subject to the contract's indemnity clause.

Citation
[2013] EWHC 2469
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) / Post Summary Judgment; Application for Reconsideration of Draft Judgment and Interim Payment
Outcome
Application for reconsideration refused; summary judgment and interim payment order stand.
Legal Topics
Summary Judgment, Interim Payment, Recognition of Foreign Judgments, Freezing Orders, Assessment of Damages
Civil Procedure Contract Law Private International Law Summary Judgment Interim Payment Recognition of Foreign Judgments Freezing Orders 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) / Post Summary Judgment; Application for Reconsideration of Draft Judgment and Interim Payment

Legal Issues

  1. 1 Whether the Greek court's refusal of a freezing order precludes summary judgment and interim payment in England
  2. 2 Whether 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 a freezing order does not preclude the English court from granting summary judgment or ordering an interim payment, as the issues and legal standards differ; the evidence supports an interim payment of £1 million; causation arguments remain open at the damages assessment stage, subject to the contract's indemnity clause.

Court Disposition

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

Orders

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