Further Guidance On 'All Reasonable Endeavours'

JET2.com Limited v Blackpool Airport Limited [2011] EWHC 1529 (Comm)

JET2 is a low cost airline which entered into an agreement with Blackpool Airport in 2005 for flights to and from the airport. The key wording in a simple agreement was: "JET2.com and BAL will co-operate together and use their best endeavours to promote JET2.com's low cost services from Blackpool Airport and BAL will use all reasonable endeavours to provide a cost base that will facilitate JET2.com's low cost pricing." Blackpool Airport had certain published operating hours, but there were not mentioned in the agreement. The case turned on the extent to which JET2 could insist on flying at times outside those operating hours. For some years, it had been scheduling flights outside hours, but new owners of Blackpool Airport told Jet2 in October 2010 that it would no longer accept flights outside hours. The problem for...