Thomas Cook Tour Operations Ltd & Anor v Louis Hotels SA

Thomas Cook Tour Operations Ltd & Anor v Louis Hotels SA

The Greek court's refusal of interim relief does not bar the English court from granting summary judgment or ordering an interim payment, as the Greek decision was limited to interim measures and did not address the substantive claim. The evidence supports an interim payment of £1 million as a reasonable proportion of likely damages. The defendant is not precluded from raising causation arguments at the assessment of damages.

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 (commercial Contract) / Post Summary Judgment; Application for Reconsideration of Draft Judgment and Interim Payment
Outcome
Application for reconsideration/refusal of interim payment dismissed; summary judgment and interim payment confirmed
Legal Topics
Summary Judgment, Interim Payments, Recognition of Foreign Judgments, Interim Relief, Assessment of Damages
Civil Procedure Contract Law Private International Law Summary Judgment Interim Payments Recognition of Foreign Judgments Interim Relief Assessment of Damages

Case Brief

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Parties

Thomas Cook Tour Operations Ltd

First Claimant

Tourmajor Limited

Second Claimant

Louis Hotels S.A

Defendant

Procedural Posture

Civil (commercial Contract) / Post Summary Judgment; Application for Reconsideration of Draft Judgment and Interim Payment

Legal Issues

  1. 1 Whether the Greek court's refusal of interim relief precludes English summary judgment and interim payment
  2. 2 Whether the invoices and documents support the claimants' claim for financial loss
  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 bar the English court from granting summary judgment or ordering an interim payment, as the Greek decision was limited to interim measures and did not address the substantive claim. The evidence supports an interim payment of £1 million as a reasonable proportion of likely damages. The defendant is not precluded from raising causation arguments at the assessment of damages.

Court Disposition

Application for reconsideration/refusal of interim payment dismissed; summary judgment and interim payment confirmed

Orders

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