LM-2025-000186 - [2025] EWHC 2098 (Comm)

As will be apparent from what follows, there is now a large measure of agreement between the parties as to the figures claimed by way of summary judgment. SLX EST and SLX LAT however assert a number of defences to those claims, which defences comprise particular points in respect of individual heads of claim, and also defences of set off in respect of other related sums which they say are owed to them by TUI BEL or TUI NED, or which they say should in any event be taken into account in considering the present claims. In so far as they are not able to rely on set off, they assert cross claims, and contend that there should be a stay of execution in respect of any judgment which TUI BEL or TUI NED might otherwise be granted until those cross claims have been resolved.

In addressing the matters arising, I consider first the four disputed heads of claim made by TUI BEL and TUI NED (i.e., Block Hours reconciliation, Block Hours Utilisation Compensation, SLA Claims and Costs), and then consider SLX EST’s and SLX LAT’s arguments that they have a defence by way of set off, or that there should be a stay pending the determination of their intimated cross claims.