BAE Systems Management Service (Two) Ltd & Anor v AS Enimex

BAE Systems Management Service (Two) Ltd & Anor v AS Enimex

None of the grounds advanced by Enimex had any prospect of success; the Registrar's findings and exercise of discretion were correct in law and fact, and the application to appeal was refused.

Parties
Claimant/respondent: BAE Systems Management Services (Two) Ltd; Claimant/respondent: Trident Aviation Leasing Services (Jersey) Ltd; Defendant/appellant: AS Enimex
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal With Appeal to Follow If Granted
Outcome
Permission to appeal refused
Legal Topics
Breach of Contract, Damages Assessment, Mitigation of Loss, Interest on Damages, Lease Agreements
Contract Law Aviation Law Breach of Contract Damages Assessment Mitigation of Loss Interest on Damages Lease Agreements

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Parties

BAE Systems Management Services (Two) Ltd

Claimant/respondent

Trident Aviation Leasing Services (Jersey) Ltd

Claimant/respondent

AS Enimex

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal With Appeal to Follow If Granted

Legal Issues

  1. 1 Whether the Registrar erred in rejecting the argument that damages should be reduced due to BAE's alleged complicity in the breach
  2. 2 Whether the Registrar erred in attaching little weight to late evidence from Enimex's witness
  3. 3 Whether the Registrar was wrong to hold that any claim by Enimex against BAE would be a counterclaim, not a defence

Ratio Decidendi

None of the grounds advanced by Enimex had any prospect of success; the Registrar's findings and exercise of discretion were correct in law and fact, and the application to appeal was refused.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused