Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 2061 (Comm) (16 July 2021)

Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 2061 (Comm) (16 July 2021)

The test for a stay of execution in the presence of a no set-off clause is one of exceptionality. The mediation has now taken place and failed, and no other circumstances amount to exceptional circumstances. The burden to justify a stay was not discharged by the Defendants. The stay of execution should not be continued.

Citation
[2021] EWHC 2061 (Comm)
Parties
Claimant: Wilmington Trust SP Services (Dublin) Limited; Claimant: Sabarmati Aviation Leasing Limited (formerly known as Sky Aircraft Cassia Two Limited); Claimant: Falgu Aviation Leasing Limited (formerly known as Sky Aircraft Cassia One Limited); Defendant: SpiceJet Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2021
Procedural Posture
Commercial Claim / Application to Continue Stay of Execution After Summary Judgment
Outcome
Application to continue the stay of execution refused
Legal Topics
Stay of Execution, No Set Off Clause, Summary Judgment, Enforcement of Judgments
Commercial Law Contract Law Stay of Execution No Set Off Clause Summary Judgment Enforcement of Judgments

Case Brief

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Parties

Wilmington Trust SP Services (Dublin) Limited

Claimant

Sabarmati Aviation Leasing Limited (formerly known as Sky Aircraft Cassia Two Limited)

Claimant

Falgu Aviation Leasing Limited (formerly known as Sky Aircraft Cassia One Limited)

Claimant

SpiceJet Limited

Defendant

Procedural Posture

Commercial Claim / Application to Continue Stay of Execution After Summary Judgment

Legal Issues

  1. 1 Whether the stay of execution of summary judgment should be continued
  2. 2 Whether exceptional circumstances exist to justify continuation of the stay

Ratio Decidendi

The test for a stay of execution in the presence of a no set-off clause is one of exceptionality. The mediation has now taken place and failed, and no other circumstances amount to exceptional circumstances. The burden to justify a stay was not discharged by the Defendants. The stay of execution should not be continued.

Court Disposition

Application to continue the stay of execution refused

Orders

  • Stay of execution is not continued