The court found that the defendant had brought false evidence and forged documents to seek to persuade the English court that it had state immunity, and had been partially successful, but that on the true facts it was not immune from the jurisdiction of the court in relation to the period 9th August to 16th September 1990. IAC had in fact incorporated into its own fleet and wrongfully interfered with KAC’s aircraft prior to 17th September 1990 and the passing of RCC 369 (the date from which Mance J found wrongful interference).
Held: The court awarded damages (essentially the wasted costs element of the jurisdiction phase) and costs totalling some andpound;1 million.
Judges:
David Steel J
Citations:
[2003] EWHC 31 (Comm), [2003] 1 Lloyd’s Rep 448
Links:
Citing:
See Also – Kuwait Airways Corporation v Iraqi Airways Company ComC 31-Jul-2002
. .
See Also – Kuwait Airways Corp v Iraqi Airways Co 16-Feb-2005
The claimants sought an order requiring disclosure by the defendants of the documents in their list of documents which they said had the benefit of litigation privilege.
Held: A fraud had been alleged which had been used by the defendants in . .
Cited by:
Cited – Kuwait Airways Corporation v Iraqi Airways Company (No 6) CA 16-Mar-2005
The defendant company appealed against an order allowing inspection of documents for which litigation privilege had been claimed. It was said that the defendants had been involved in perjury in previous proceedings between the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 07 June 2022; Ref: scu.178952