Source: All England Reporter
Publisher Citation: [2012] All ER (D) 112 (Oct)
Neutral Citation: [2012] EWHC 2752 (QB)
Court: Queen's Bench Division, Commercial Court
Judge:

Judge Mackie QC sitting as a judge of the High Court

Representation Steven Thompson and Harry Sharpe (instructed by Bird & Bird LLP) for the claimant.
  Bajul Shah (instructed by Clyde & Co LLP) for the defendant.
Judgment Dates: 11 October 2012

Catchwords

Contract - Damages for breach - Measure of damages - Court finding defendant in breach of aircraft maintenance contract and liable for damages - Parties being unable to agree quantum - How many aircraft defendant being asked to service - Damages being recoverable by claimant - Whether claimant making appropriate deductions - Whether claimant financially benefiting from breach.

The Case

Contract Damages for breach. The Commercial Court had previously found that a Romanian airline maintenance company had breached its contract with the airline and that it was liable for damages. As the parties were unable to agree on quantum, the court determined some disputed areas, including how many aircraft would have been serviced if the agreement had not been terminated and whether the airline could claim the salaries of its permanent staff redeployed due to the breach.

Practice Areas

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