Source: All England Reporter
Publisher Citation: [2012] All ER (D) 24 (Apr)
Neutral Citation: [2012] EWCA Civ 417
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Longmore, Lord Justice Moore-Bick and Lord Justice Lewison
Representation George Leggatt QC and Michael Bools (instructed by Eversheds LLP) for the claimant.
  Philip Shepherd QC and Adam Cloherty (instructed by Bird & Bird LLP) for the defendant.
Judgment Dates: 2 April 2012

Catchwords

Contract - Construction - Terms - Claimant operating low cost airline from defendant's airport outside normal opening hours - Defendant being contractually obliged to assist claimant with promoting services and keeping low cost base - Defendant refusing to accept arrivals or departures outside 'normal' hours - Defendant submitting that contract providing parties use all reasonable endeavours to provide cost base to facilitate the claimant's low cost pricing lacking certainty - Defendant submitting that best endeavours not including obligation to accept claimant's aircraft outside normal opening hours - Whether judge correct in finding defendant in breach of contract by refusing to accept claimant's flights.

The Case

Contract Construction. The Court of Appeal, Civil Division, upheld a decision that a contractual requirement upon the defendant airport operator to use best endeavours to facilitate the claimant low cost airline's cost pricing had included an obligation to accept aircraft outside the normal opening hours of the airport notwithstanding that that had caused additional expense to the defendant.

Practice Areas

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