Tenet recently acted for a foreign airline who had entered into a contract with a global logistics company based in Asia.
After terminating the contract early, our client was faced with a highly inflated loss of profit claim derived from the alleged breach of contract. The claim was poorly particularised, and the opponent keen to get judgment as quickly and easily as possible. For example, the opponent wanted to have the claim transferred to the Shorter Trials Scheme (“STS”), thereby avoiding the usual disclosure process and with very limited witness evidence.
We worked with our client to make the claim as difficult as possible for the opponent to pursue. Our approach included an application to challenge jurisdiction, a well-timed and well-pitched Part 36 offer and successfully resisting their request to transfer the matter to STS, pushing for Model D disclosure (a search-based disclosure model) where appropriate. At the CCMC we persuaded the judge that the matter was not suitable for the STS, forcing the opponent into significant legal spend to see the matter through to trial. An offer to settle came shortly after the CCMC on terms which were highly attractive to our client. The client was delighted with the outcome.
