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Nabarro acts for Etihad and Aldar on successful Formula One appeal
6 October 2010
Nabarro LLP has acted for Etihad Airways P.J.S.C. and Aldar Properties P.J.S.C. in their successful appeal against a judgment and damages award, which was issued by the Queen's Bench Division, High Court, London in November 2009.
Etihad and Aldar had entered into a three-year sponsorship agreement with Spyker F1 Team in 2007. Following a change in ownership, the name of the team was changed to Force India F1 Team and re-branded. Etihad and Aldar terminated the agreement in early 2008 relying upon alleged repudiatory breaches of contract by Force India. At the trial, the High Court found in favour of Force India and awarded it over $5 million in damages.
Nabarro, brought on board to handle the appeal, is pleased that the Court of Appeal has reversed the High Court's Judgment in full, and decided that Etihad and Aldar were entitled to terminate the agreement. Etihad's and Aldar's losses will now be assessed by the Court.
The Nabarro team consisted of Peter Fitzpatrick (Partner) and Ben Williams (Associate), instructing Stephen Auld QC and Eleanor Campbell of One Essex Court.
Peter Fitzpatrick commented:
"We are delighted to have assisted our clients Etihad and Aldar in successfully overturning the High Court's Judgment in the Force India F1 case. We are now considering the Court of Appeal's Judgment with Etihad and Aldar, with a view to assessing and recovering the damages which Etihad and Aldar suffered as a result of Force India's repudiatory breaches of contract."
