Swissport (UK) Ltd v Aer Lingus Ltd - pending TUPE decision's effect on a commercial breach of contract case - High Court (Chancery Division) 14.5.07

Aer Lingus used Swissport to provide ground handling services at Heathrow. Aer Lingus refused to pay Swissport amounts due on the basis that they had a counter-claim or set off whose value exceeded the ground handling charges. However the value of this counterclaim/set-off, or indeed whether it existed at all, depended on the outcome of an Employment Appeal Tribunal case which would establish whether or not certain staff had a right to make claims against Aer Lingus under the TUPE regulations.

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