LAWYERS acting for Durham Tees Valley Airport will return to court next week as they seek to overturn a judge’s decision not to award the airport £12m damages for a claim against airline bmibaby.

Peel – the company that owns the airport – yesterday confirmed it had been allocated a two-day hearing on January 26 and 27 at the Court of Appeal in London to again contest its case. The dispute surrounds bmibaby’s decision to withdraw its flights from the airport in November 2006.

Airport bosses have argued that decision was a breach of contract.

Last year, Mr Justice Davis dismissed Peel’s multi-millionpound claim because he said a written agreement that existed between the two parties was too vague to be legally enforceable.

However, he said he only made his ruling reluctantly, and was sympathetic to aspects of Peel’s application.

The Appeal Court’s decision is not likely to be known for several weeks, with judges expected to reserve their decision.