All posts by Practical Law Dispute Resolution

REUTERS | Tobias Schwarz

Background

In the matter of Various Airfinance Leasing Companies and others v Saudi Arabian Airlines Corporation, the High Court presided over contested applications issued by the parties to amend their respective statements of case. The judgment contains a helpful breakdown of the factors  that the court should apply to these applications.

The parties

The claimants were effectively the lessors of lease agreements relating to 50 aircraft, following the assignment of the leases by a third party. The defendant was the lessee pursuant to the lease agreements.

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REUTERS | Albert Gea

The recent judgment in Axnoller v Brake starkly illustrates some of the strengths and limitations of the new Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Debt Respite Scheme Regulations). It is also a timely reminder to parties with unsatisfied interim costs orders in their favour of the potential power of debarring orders.

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REUTERS | Wolfgang Rattay

The court may grant an order for security for costs if a two-part test is satisfied. First, at least one of the gateway conditions listed at CPR 25.13(2) must apply. Secondly, it must be just for the court to make the order in all the circumstances of the case (CPR 25.13(1)(a)).

In Heathfield International LLC v Axiom Stone (London) Ltd & Medecall Ltd, the Court of Appeal considered the relevance of the defendant’s funding arrangements to the second part of this test.

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