Amiri Flight Authority v BAE Systems Plc & Anor [2002] EWHC 2481 (Comm) (20 November 2002)

Amiri Flight Authority v BAE Systems Plc & Anor [2002] EWHC 2481 (Comm) (20 November 2002)

The exclusion clause in Appendix C Part A is clear, comprehensive, and applies to all claims for negligent advice and technical support services provided by BAE, including those under Appendix B Part D. The contract is an international supply contract within the meaning of section 26 of the Unfair Contract Terms Act 1977, so the Act does not apply. Crossair's claim for a direct tortious duty of care against BAE is unsustainable as a matter of law.

Citation
[2002] EWHC 2481 (Comm)
Parties
Claimant: Amiri Flight Authority; First Defendant: BAE Systems PLC; Second Defendant: Crossair Limited Company for Regional European Air Transport
Jurisdiction
England and Wales
Judgment Date
20 November 2002
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application Under Part 24
Outcome
Claim dismissed as precluded by exclusion clause; Crossair's direct tort claim against BAE struck out as unsustainable.
Legal Topics
Exclusion Clauses, International Supply Contracts, Negligence, Unfair Contract Terms Act 1977, Duty of Care, Interpretation of Contracts
Contract Law Tort Law Aviation Law Exclusion Clauses International Supply Contracts Negligence Unfair Contract Terms Act 1977 Duty of Care +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Amiri Flight Authority

Claimant

BAE Systems PLC

First Defendant

Crossair Limited Company for Regional European Air Transport

Second Defendant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application Under Part 24

Legal Issues

  1. 1 Whether the exclusion clause in the contract precludes Amiri's claim against BAE for negligent advice and technical support services
  2. 2 Whether the Unfair Contract Terms Act 1977 applies to the contract
  3. 3 Whether Crossair can claim a direct tortious duty of care against BAE as a maintenance provider

Ratio Decidendi

The exclusion clause in Appendix C Part A is clear, comprehensive, and applies to all claims for negligent advice and technical support services provided by BAE, including those under Appendix B Part D. The contract is an international supply contract within the meaning of section 26 of the Unfair Contract Terms Act 1977, so the Act does not apply. Crossair's claim for a direct tortious duty of care against BAE is unsustainable as a matter of law.

Court Disposition

Claim dismissed as precluded by exclusion clause; Crossair's direct tort claim against BAE struck out as unsustainable.

Orders

  • Amiri's claim against BAE dismissed under Part 24.
  • Crossair's claim for a direct duty of care against BAE struck out.