Source: All England Reporter
Publisher Citation: [2009] All ER (D) 295 (Jul)
Neutral Citation: [2009] EWHC 1918 (Admin)
Court: Queen's Bench Division, Administrative Court

Wyn Williams J

Representation Charles Haddon-Cave QC, Robert Lawson QC and Prof Stefan Talmon (instructed by Herbert Smith LLP) for the claimant.
  David Anderson QC and Sam Wordsworth (instructed by the Treasury Solicitor) for the Secretary of State.
  Richard Gordon QC, Prof Vaughan Lowe QC, Akhil Shah and Amy Sander (instructed by DLA Piper UK LLP) for the interested party.
Judgment Dates: 28 July 2009


Air traffic - International civil aviation - Operating permit - International conventions - Chicago Convention - Claimants making two permit applications relating to flights from United Kingdom and Northern Cyprus and vice versa - Secretary of State deciding to refuse permit applications - Meaning of words in Chicago Convention - Territory of Republic of Cyprus for purposes of Chicago Convention - Whether grant of permits would involve breach of obligations under Chicago Convention - Whether Secretary of State's refusals lawful - Convention on International Civil Aviation 1944, arts 1, 2, 5, 6, 10, 68 - Vienna Convention on the Law of Treaties 1969, art 61(1).

The Case

Air traffic International civil aviation. Queen's Bench Division, Administrative Court: The court gave rulings on the following issues in the instant application for judicial review: (i) the meaning to be given to the word 'sovereignty' as used in the Convention on International Civil Aviation 1944 (the Chicago Convention); (ii) the precise territory of the Republic of Cyprus for the purposes of the Chicago Convention; and (iii) whether, in the event that the Secretary of State granted permits which the claimants had sought, the Republic of Cyprus and the United Kingdom would be in breach of its obligations under the Chicago Convention.

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