Amiri Flight Authority v BAE Systems Plc [2003] EWCA Civ 1447 (17 October 2003)

Amiri Flight Authority v BAE Systems Plc [2003] EWCA Civ 1447 (17 October 2003)

Clause A.10 of Appendix C is clear and unambiguous and excludes liability for defects arising from training, advice, or supervision, including those under Appendix B, whether in contract or tort. However, the contract does not qualify as an 'international supply contract' under s.26 of the Unfair Contract Terms Act 1977 because it does not provide for delivery to a state other than where the offer and acceptance occurred. Therefore, the exclusion clause is subject to the Act's controls, and the matter must be remitted for determination under the Act.

Citation
[2003] EWCA Civ 1447
Parties
Appellant: Amiri Flight Authority; Respondent: BAE Systems PLC
Jurisdiction
England and Wales
Judgment Date
17 October 2003
Procedural Posture
Appeal (civil) / Appeal From Summary Judgment (cpr Part 24)
Outcome
Appeal allowed; summary judgment set aside; claim reinstated and remitted for further determination under the Unfair Contract Terms Act 1977.
Legal Topics
Exclusion Clauses, International Supply Contracts, Unfair Contract Terms Act 1977, Negligence, Interpretation of Contracts
Contract Law Commercial Law Exclusion Clauses International Supply Contracts Unfair Contract Terms Act 1977 Negligence Interpretation of Contracts

Case Brief

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Parties

Amiri Flight Authority

Appellant

BAE Systems PLC

Respondent

Procedural Posture

Appeal (civil) / 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 contract is an 'international supply contract' under s.26 of the Unfair Contract Terms Act 1977, thus excluding the Act's controls
  3. 3 Whether the exclusion clause applies to tort claims as well as contract claims

Ratio Decidendi

Clause A.10 of Appendix C is clear and unambiguous and excludes liability for defects arising from training, advice, or supervision, including those under Appendix B, whether in contract or tort. However, the contract does not qualify as an 'international supply contract' under s.26 of the Unfair Contract Terms Act 1977 because it does not provide for delivery to a state other than where the offer and acceptance occurred. Therefore, the exclusion clause is subject to the Act's controls, and the matter must be remitted for determination under the Act.

Court Disposition

Appeal allowed; summary judgment set aside; claim reinstated and remitted for further determination under the Unfair Contract Terms Act 1977.

Orders

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