Tomlinson LJ drew attention to the danger of attempting to draw parallels between an aircraft operating (dry) lease and some other more commonly litigated superficially similar instruments such as time charters of ships, where the legal incidents are, for obvious reasons, hallowed by far longer usage. Not only are ships very different in their nature from passenger aircraft, but that an operating lease is significantly different in character from a time charterparty: ‘Under a time charter the owner retains possession of the ship and is responsible for its maintenance and for its crewing and navigation. The charterer has a right to give instructions as to the vessel’s employment, making therefore essentially commercial decisions as to the commitments which can be achieved during the period for which the vessel is at its disposal. Under an operating lease the position is very different. The lessee takes possession of the aircraft and becomes responsible for its maintenance and insurance. After delivery the aircraft, engines and every part are at the sole risk of the lessee, who therefore bears the risk of loss, theft, damage, destruction and unexpected mechanical problems.’
Judges:
Tomlinson LJ
Citations:
[2011] 2 All ER (Comm) 396
Jurisdiction:
England and Wales
Citing:
Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 08 May 2022; Ref: scu.509977
