Trident entered into Aircraft Operating Lease Agreements in identical terms with First Flight in respect of two ATP model aircraft. The leases represented the culmination of negotiations between a representative of the manufacturer, BAE Systems Regional Aircraft Limited (‘BAE’), and representatives of First Flight and were signed by a representative of BAE on behalf of Trident. Each provided for delivery to take place at Southend airport. Application for summary judgment under aircraft leasing agreements – no payment of rent. The defendant argued that the clause disallowing them from alleging any misrepresentation failed to satisfy the reasonableness requirement under the 1977 Act.
Held: The leases fell within section 26 and the agreements were exempt. Judgement was given for the claimant.
Judges:
Aikens J
Citations:
[2008] EWHC 1686 (Comm), [2009] 1 All ER (Comm) 16, [2008] 2 Lloyd’s Rep 581
Links:
Statutes:
Unfair Contract Terms Act 1977 26
Jurisdiction:
England and Wales
Cited by:
Appeal From – Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd CA 2-Apr-2009
The appellant entered into two aircraft leasing agreements but were unable to maintain payments. They appealed against rejection of their argument that the agreements were not exempt from the controls under the 1977 Act by being international supply . .
Cited – Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd ChD 6-Mar-2018
IVA is a special form of contract
Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on . .
Lists of cited by and citing cases may be incomplete.
Contract, Consumer
Updated: 18 July 2022; Ref: scu.271150