DURHAM TEES VALLEY AIRPORT LTD v BMIBABY LTD AND ANOTHER

[2010] Lloyd's Rep Plus 95

COURT OF APPEAL

Before Lord Justice Mummery, Lord Justice Toulson, and Lord Justice Patten

Contract - Construction - Airline company agreeing with airport company to base two aircraft operating exclusively from airport for period of 10 years - Airline company withdrawing aircraft from airport after only three years - Whether contract imposed positive obligations on airline company - Whether contract sufficiently certain to be enforceable - Whether implied term that airline company would operate the aircraft in a reasonable manner - Damages - Basis of assessment.