Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2009] EWCA Civ 290 (02 April 2009)

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2009] EWCA Civ 290 (02 April 2009)

The Aircraft Operating Lease Agreements are international supply contracts within section 26(4)(a) of the Unfair Contract Terms Act 1977 because both parties contemplated that the aircraft would be carried from the UK to India for use, even though delivery was in the UK. Section 26 excludes such contracts from the statutory controls on exclusion clauses, including those relating to misrepresentation. Thus, Trident was entitled to summary judgment as the exclusion clauses were effective and not subject to the requirement of reasonableness.

Citation
[2009] EWCA Civ 290
Parties
Claimant/respondent: Trident Turboprop (Dublin) Limited; Defendant/appellant: First Flight Couriers Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the Commercial Court
Outcome
Appeal dismissed
Legal Topics
Unfair Contract Terms Act 1977, Misrepresentation Act 1967, International Supply Contracts, Exclusion Clauses, Summary Judgment
Contract Law Commercial Law Unfair Contract Terms Act 1977 Misrepresentation Act 1967 International Supply Contracts Exclusion Clauses Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Trident Turboprop (Dublin) Limited

Claimant/respondent

First Flight Couriers Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the Commercial Court

Legal Issues

  1. 1 Whether the Aircraft Operating Lease Agreements fall within section 26 of the Unfair Contract Terms Act 1977 and are thus excluded from statutory controls on exclusion clauses
  2. 2 Whether liability for misrepresentation is excluded from the scope of section 26
  3. 3 Whether the leases are 'international supply contracts' under section 26(4)(a)

Ratio Decidendi

The Aircraft Operating Lease Agreements are international supply contracts within section 26(4)(a) of the Unfair Contract Terms Act 1977 because both parties contemplated that the aircraft would be carried from the UK to India for use, even though delivery was in the UK. Section 26 excludes such contracts from the statutory controls on exclusion clauses, including those relating to misrepresentation. Thus, Trident was entitled to summary judgment as the exclusion clauses were effective and not subject to the requirement of reasonableness.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for Trident Turboprop (Dublin) Limited is affirmed.