KUWAIT AIRWAYS CORPORATION v. IRAQ AIRWAYS CO.

[2001] 1 Lloyd's Rep. 161

COURT OF APPEAL

Before Lord Justice Henry, Lord Justice Brooke and Lord Justice Rix

Conflict of laws - Title - RCC Resolution 369 - Invasion of Kuwait by Iraq - Resolution 369 purported to transfer Kuwaiti assets to Iraq - Iraq removed Kuwaiti aircraft to Iraq and Iran - Whether resolution effective to give Iraq title to Kuwaiti aircraft - Whether English Courts should recognize resolution. Conversion - Damages - “but for” test - Invasion of Kuwait by Iraq - Iraq wrongfully converted and usurped Kuwaiti aircraft - Whether claimants could show loss of aircraft would not have occurred but for usurpation - Whether claimants entitled to recover loss flowing directly and naturally from wrongful usurpation and conversion of Kuwaiti aircraft. Damages - Assessment - Invasion of Kuwait by Iraq - Iraq wrongfully converted and usurped Kuwaiti aircraft - Aircraft removed to Iraq and Iran - Claimants sought damages in respect of total loss of four aircraft in Iraq, detention of six aircraft in Iran and related costs, commercial financial loss and costs of purchasing new fleet of aircraft - Quantum.