Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd

The lease agreements' exclusion clauses (19.1 and 19.2) operate as contractual estoppel, precluding FFCL from relying on non-fraudulent misrepresentation or implied terms as to quality or fitness for purpose. The Unfair Contract Terms Act 1977 does not apply because the leases are international supply contracts. FFCL has no real prospect of success on its defences or counterclaims, and Trident is entitled to summary judgment.

Parties
Claimant: Trident Turboprop (Dublin) Limited; Defendant: First Flight Couriers Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Commercial Lease Dispute / Summary Judgment Application
Outcome
Summary judgment granted for claimant
Legal Topics
Aircraft Lease, Misrepresentation, Exclusion Clauses, Summary Judgment, International Supply Contracts
Contract Law Commercial Law Aircraft Lease Misrepresentation Exclusion Clauses Summary Judgment International Supply Contracts

Case Brief

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Parties

Trident Turboprop (Dublin) Limited

Claimant

First Flight Couriers Limited

Defendant

Procedural Posture

Commercial Lease Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant can rely on pre-contractual misrepresentation to rescind the lease agreements or defend the claim for unpaid rent and damages
  2. 2 Whether the exclusion clauses in the lease agreements preclude the defendant's defences and counterclaims
  3. 3 Whether the Unfair Contract Terms Act 1977 applies to the lease agreements

Ratio Decidendi

The lease agreements' exclusion clauses (19.1 and 19.2) operate as contractual estoppel, precluding FFCL from relying on non-fraudulent misrepresentation or implied terms as to quality or fitness for purpose. The Unfair Contract Terms Act 1977 does not apply because the leases are international supply contracts. FFCL has no real prospect of success on its defences or counterclaims, and Trident is entitled to summary judgment.

Court Disposition

Summary judgment granted for claimant

Orders

  • FFCL to pay unpaid rent of US$405,333.30
  • FFCL to pay costs of putting aircraft into re-delivery condition of US$2,053,926