bmi is celebrating after a Judge threw out a £12m damages claim against the company

The airline today announced that the High Court action brought against its low cost subsidiary bmibaby by Durham Tees Valley Airport (DTVA) had been successfully defended.

The claim for £12m in damages arose following bmibaby’s withdrawal in 2006 from the base it had established at the airport in 2004. After a six day hearing in March at the High Court in London, Mr Justice Davis today dismissed DTVA’s claim and ruled that bmibaby was not liable for breach of contract.

Tim Bye, bmi deputy chief executive and legal director, said “We are delighted with the result of the case, but disappointed that we had to go to Court at all and incur the costs and management distraction that litigation involves. We were always confident that we had a strong case and we can hopefully now put the matter behind us. The judge has instructed that the majority of the costs be paid by DTVA.

“bmi was represented internally by bmi’s head of legal, Paula Havard and I am very grateful to her and our external advisers solicitors DLA Piper, led by partner Mark Franklin and associate Kathryn Ward, and by barrister Akhil Shah of Fountain Court.”