Wilmington Trust SP Services (Dublin) Limited & Ors v SpiceJet Limited

Wilmington Trust SP Services (Dublin) Limited & Ors v SpiceJet Limited

The mediation has taken place and failed, and no exceptional circumstances exist to justify continuation of the stay of execution; the burden is on the party seeking the stay, and insufficient evidence was provided.

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 / Post Summary Judgment, Application for Continuation of Stay of Execution
Outcome
Stay of execution not continued; application refused.
Legal Topics
Stay of Execution, No Set Off Clause, Mediation, Exceptional Circumstances
Commercial Law Contract Law Stay of Execution No Set Off Clause Mediation Exceptional Circumstances

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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 / Post Summary Judgment, Application for Continuation of Stay of Execution

Legal Issues

  1. 1 Whether the stay of execution should be continued after mediation
  2. 2 Whether exceptional circumstances exist to justify continuation of stay despite a no set-off clause

Ratio Decidendi

The mediation has taken place and failed, and no exceptional circumstances exist to justify continuation of the stay of execution; the burden is on the party seeking the stay, and insufficient evidence was provided.

Court Disposition

Stay of execution not continued; application refused.

Orders

  • Stay of execution is lifted.
  • No further stay granted pending trial or further order.