Kuwait Airways Corporation - v - Iraqi Airways Co (No.4)
Commercial Court, 31 July 2002
The long running litigation arising out of Iraq’s invasion of Kuwait and seizure of aircraft at Kuwait International Airport in 1990 has produced two further decisions of the English Commercial Court.
Aircraft loss of use claims are notoriously difficult to quantify. The ongoing Kuwait Airways claim against Iraqi Airways illustrates an extreme case.
Following the House of Lords’ decision that Iraqi Airways (IAC) was liable in conversion for the loss of six Kuwait Airways’ (KAC) aircraft seized by Iraq and transferred to IAC following the invasion of Kuwait in 1990, the Commercial Court has delivered a partial ruling on the quantification of loss.