![CL-2022-000507 - [2025] EWHC 2505 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
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Neutral Citation Number: [2025] EWHC 2505 (Comm)
Case No: CL-2022-000507
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
KING'S BENCH DIVISION
COMMERCIAL COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 03/10/2025
Before :
MR JUSTICE FOXTON
Between :
ALASKA AIRLINES INC. | Claimant |
- and - | |
(1) VIRGIN AVIATION TM LIMITED (2) VIRGIN ENTERPRISES LIMITED | Defendants |
Shaheed Fatima KC and Daniel Burgess (instructed by Pallas Partners LLP) for the Claimant
Daniel Toledano KC and Joshua Crow (instructed by Slaughter and May) for the Defendants
Hearing date: 16 September 2025
Draft to parties: 19 September 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 03 October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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Mr Justice Foxton :
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- This is the hearing of
- The TMLA in more detail
- The prior proceedings
- Was the MR a severable payment due solely in respect of the Exclusivity Obligation?
- If so, does clause 8.9.1 of the TMLA have the effect that Alaska cannot rely upon its alleged right of recovery in restitution as a defence to the claim?
- Conclusions