The latest case on this issue is the judgment of Mr Justice Wyn Williams
issued in July 2009 in Kibris Turk Hava Yollari and CTA Holidays v Secretary
of State for Transport.7
The case was a judicial review, brought by an airline
incorporated in Turkey (and a travel company) that wished to operate direct
flights between the UK and northern Cyprus. The Secretary of State had
refused the grant of an operating permit for such flights on the basis that to do
so would be unlawful, and the applicants sought review of this decision, which
was upheld, the judge agreeing that the authorization of direct flights would
have been unlawful. The judgment contains a fairly detailed consideration of
the private acts exception, including the comments of Lord Denning in
Hesperides Hotels, and the judgment in Emin v Yeldag. However, Wyn
Williams J states: