What now for lawful act economic duress?

24 September 2021 / Michael Frisby , Alasdair McDowell

Issue: 7949 / Categories: Features , Commercial

Michael Frisby & Alasdair McDowell look at future possibilities for this controversial doctrine

Considers a recent lawful act economic duress case, Pakistan International Airline Corporation v Times Travel (UK) Ltd.

In Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40, [2021] All ER (D) 40 (Aug) the Supreme Court declined to expand the scope of the controversial doctrine of lawful act economic duress so as to allow the claimant to prevail.

However, in judgments written by Lords Hodge and Burrows, the court both affirmed the doctrine’s existence, and addressed the possibility of future development of this area of law.

The case

Times Travel (UK) Limited (Times Travel) is a travel agent. During the relevant period, Times Travel’s business consisted almost entirely of selling airline tickets from the UK to Pakistan. Pakistan International Airline Corporation (the Airline) was the only operator of direct flights from the UK to Pakistan at that time.

The parties entered into an agreement under which Times Travel

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

What now for lawful act economic duress?

Michael Frisby & Alasdair McDowell look at future possibilities for this controversial doctrine

Considers a recent lawful act economic duress case, Pakistan International Airline Corporation v Times Travel (UK) Ltd.

However, in judgments written by Lords Hodge and Burrows, the court both affirmed the doctrine’s existence, and addressed the possibility of future development of this area of law.

The case

The parties entered into an agreement under which Times Travel

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS

Read All

NLJ this week: Fraud claims climb as courts brace for AI threats

Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes

NLJ this week: Pro bono power without the red tape

Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ

NLJ this week: Traders’ convictions quashed in Libor shock

The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement

NLJ this week: Small firms call for tech clarity as AI looms

Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ

NLJ this week: Trans pool player loses discrimination fight

Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ

Error message

What now for lawful act economic duress?

The case

The case

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan