References: [2008] EWHC 1686 (Comm), [2009] 1 All ER (Comm) 16
Links: Bailii
Coram: Aikens J
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.
Statutes: Unfair Contract Terms Act 1977 26
This case is cited by:
- Appeal From – Trident Turboprop (Dublin) Ltd -v- First Flight Couriers Ltd CA (Bailii, [2009] EWCA Civ 290, Times)
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 . .
(This list may be incomplete)
Last Update: 30-Nov-15 Ref: 271150