Lombard North Central Plc & Anor v Airbus Helicopters SAS

Lombard North Central Plc & Anor v Airbus Helicopters SAS

Model D disclosure is ordered for central issues (defective design, remedial actions), as pleaded, since Model C would not capture all relevant documents necessary for fair resolution.

Parties
Claimant: Lombard North Central PLC; Claimant: NatWest Markets PLC; Defendant: Airbus Helicopters SAS
Jurisdiction
England and Wales
Judgment Date
26 November 2020
Procedural Posture
Commercial / Case Management Conference
Outcome
Claimants' disclosure requests granted; Model D disclosure ordered for central issues.
Legal Topics
Disclosure, Warranty, Limitation, Defective Products, Security Assignment
Commercial Law Contract Law Product Liability Disclosure Warranty Limitation Defective Products Security Assignment

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Parties

Lombard North Central PLC

Claimant

NatWest Markets PLC

Claimant

Airbus Helicopters SAS

Defendant

Procedural Posture

Commercial / Case Management Conference

Legal Issues

  1. 1 Scope of disclosure obligations
  2. 2 Defective design of helicopter
  3. 3 Statutory warranty under French law

Ratio Decidendi

Model D disclosure is ordered for central issues (defective design, remedial actions), as pleaded, since Model C would not capture all relevant documents necessary for fair resolution.

Court Disposition

Claimants' disclosure requests granted; Model D disclosure ordered for central issues.

Orders

  • Model D disclosure to be applied to Issues 4, 5, 6, and 7 as pleaded.
  • Disclosure exercise to be refined by custodians and search terms if needed.