Amiri Flight Authority v BAE Systems Plc

Amiri Flight Authority v BAE Systems Plc

Clause A.10 of Appendix C is clear and unambiguous and excludes liability for the defects alleged by Amiri, including those arising from negligence in the maintenance programme and technical advice under Appendix B, in both contract and tort. However, the contract does not qualify as an 'international supply contract' under s.26(4)(c) of the Unfair Contract Terms Act 1977, as it does not provide for delivery of goods to a state other than where the acts of offer and acceptance occurred. Therefore, the exclusion clause remains subject to the Act's controls, and Amiri's claim should not have been summarily dismissed.

Parties
Appellant/claimant: Amiri Flight Authority; Respondent/defendant: BAE Systems PLC
Jurisdiction
England and Wales
Judgment Date
17 October 2003
Procedural Posture
Civil Appeal (contract/commercial) / Appeal From Summary Judgment (cpr Part 24)
Outcome
Appeal allowed; summary judgment set aside; claim reinstated and remitted for further directions.
Legal Topics
Exclusion Clauses, Interpretation of Contracts, Unfair Contract Terms Act 1977, International Supply Contracts, Summary Judgment
Contract Law Commercial Law Exclusion Clauses Interpretation of Contracts Unfair Contract Terms Act 1977 International Supply Contracts Summary Judgment

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Parties

Amiri Flight Authority

Appellant/claimant

BAE Systems PLC

Respondent/defendant

Procedural Posture

Civil Appeal (contract/commercial) / Appeal From Summary Judgment (cpr Part 24)

Legal Issues

  1. 1 Whether clause A.10 of Appendix C excludes liability for negligence in the maintenance programme and technical advice under Appendix B
  2. 2 Whether the exclusion clause applies to both contract and tort claims
  3. 3 Whether the contract is an 'international supply contract' under s.26 of the Unfair Contract Terms Act 1977, thus exempting it from the Act's controls

Ratio Decidendi

Clause A.10 of Appendix C is clear and unambiguous and excludes liability for the defects alleged by Amiri, including those arising from negligence in the maintenance programme and technical advice under Appendix B, in both contract and tort. However, the contract does not qualify as an 'international supply contract' under s.26(4)(c) of the Unfair Contract Terms Act 1977, as it does not provide for delivery of goods to a state other than where the acts of offer and acceptance occurred. Therefore, the exclusion clause remains subject to the Act's controls, and Amiri's claim should not have been summarily dismissed.

Court Disposition

Appeal allowed; summary judgment set aside; claim reinstated and remitted for further directions.

Orders

  • Paragraphs 1(3) and 4 of Tomlinson J's order dated 27 November 2002 set aside.
  • Claim against the respondent reinstated and remitted to Tomlinson J for further directions.