A High Court judge has refused Gatwick’s request for an immediate emergency freeze to stop the new 70 per cent rule from starting today.
The UK government temporarily reduced the “use it or lose it” slot usage requirement at major UK airports, including Gatwick Airport, from the standard 80 per cent to 70 per cent due to disruptions to shipping routes through the Strait of Hormuz, which threatened the viability of jet fuel supplies.
But the order is now under the court’s microscope after a legal challenge by Gatwick Airport, as the London airport is a hub for low-cost carriers and relies on flights landing and taking off to generate fees, and as a result, less pressure on airlines to use slots will have a knock-on effect on Gatwick’s financials.
As the Airports Slot Allocation Regulations 2026 officially took effect on Friday, 19 June, Gatwick rushed to the court to ask for an immediate emergency freeze to stop the new rule.
New rules will go into effect for now
However, on Friday, Mr Justice Chamberlain of the High Court refused the immediate freeze. He noted on one of the grounds, Gatwick’s argument to prove the government acted completely “irrationally” during an urgent international situation is a very high legal hurdle.
Additionally, as Gatwick is suing to protect its own profits, the judge noted it didn’t offer to pay for the financial damage it might cause others if it loses: “It is surprising that the claimant did not offer any undertaking in damages.”
When he pressed the airport giant, Mr Justice Chamberlain pointed out that Gatwick had offered to cap its liability at £1m and asked to freeze the rules only at Gatwick, but said that it was too complicated to decide without a proper hearing.
On Monday, the court will hold a formal hearing to decide on ‘interim relief’, and at a further date, the court will hold a rolled-up hearing to accelerate the trial to decide both if Gatwick has the right to bring this lawsuit and, if so, who wins the overall case.
Gatwick Airport was approached for a comment.