The House of Lords will hear the next instalment in the dispute between Kuwait Airways Corporation and Iraqi Airways on 15 January.
The case, which could potentially yield more than $1bn (£708.56m) in damages for Kuwait Airways, dates back to the Gulf War and Iraq's appropriation of Kuwaiti aeroplanes. Kuwait Airways is represented by Christopher Gooding, formerly of LeBoeuf Lamb Greene & MacRae but now with Howard Kennedy. Goo-ding has instructed Pro- fessor Chris Greenwood QC, Joe Smouha and Sam Wordsworth, all of Essex Court Chambers, and Geoffrey Vos QC of 3 Stone Buildings. Niche Mayfair firm Landau & Scanlan, with many Middle Eastern and Iraqi clients, is representing the other side. Leading the case is Joe Kosky, who has instructed Blackstone Chambers' David Donaldson QC and Stephen Nathan QC. The litigation is complicated and has already lasted eight years. Following the Court of Appeal judgment, Iraqi is liable in the tort of conversion or wrongful interference for damage to some of the appropriated planes. At the January hearing, the Lords will consider points of appeal from both sides. Iraqi wants the Lords to overrule an earlier decision that an English court need not recognise Resolution 369 of the Revolutionary Command Council of Iraq, which authorised the seizure. To close down Kuwait Airways' damages claim, Iraqi's counsel will also contend that the Court of Appeal's landmark interpretation of conversion as a strict liability tort was incorrect. Kuwaiti will appeal on an earlier ruling that it cannot claim damages for the 'Mosel four' - aircraft blown up by Coalition forces in the allied counterattack.