Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2008] EWHC 1686 (Comm) (17 July 2008)

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2008] EWHC 1686 (Comm) (17 July 2008)

The lease agreements' exclusion clauses (clauses 19.1 and 19.2) contractually preclude FFCL from raising defences based on non-fraudulent misrepresentation or implied terms as to quality or fitness. UCTA 1977 does not apply because the contracts are international supply contracts within section 26(4), as the...

Source-derived case information.

Citation
[2008] EWHC 1686 (Comm)
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) / High Court, Summary Judgment Under CPR Part 24
Outcome
Summary judgment granted for the claimant (Trident Turboprop (Dublin) Limited) against the defendant (First Flight Couriers Limited).
Legal Topics
Aircraft Leasing, Summary Judgment, Misrepresentation, Exclusion Clauses, Unfair Contract Terms Act 1977, Supply of Goods and Services Act 1982, Contractual Estoppel
Contract Law Commercial Law Aircraft Leasing Summary Judgment Misrepresentation Exclusion Clauses Unfair Contract Terms Act 1977 Supply of Goods and Services Act 1982 +1 more

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Parties

Trident Turboprop (Dublin) Limited

Claimant

First Flight Couriers Limited

Defendant

Procedural Posture

Commercial Lease Dispute (summary Judgment Application) / High Court, Summary Judgment Under CPR Part 24

Legal Issues

  1. 1 Whether the defendant (FFCL) has a real prospect of defending the claim for unpaid rent and damages under two aircraft lease agreements
  2. 2 Whether exclusion clauses in the lease agreements preclude defences based on misrepresentation and defects
  3. 3 Whether the Unfair Contract Terms Act 1977 applies to the lease agreements

Ratio Decidendi

The lease agreements' exclusion clauses (clauses 19.1 and 19.2) contractually preclude FFCL from raising defences based on non-fraudulent misrepresentation or implied terms as to quality or fitness. UCTA 1977 does not apply because the contracts are international supply contracts within section 26(4), as the aircraft were to be carried from one state to another. Therefore, FFCL has no real prospect of defending the claim, and Trident is entitled to summary judgment.

Court Disposition

Summary judgment granted for the claimant (Trident Turboprop (Dublin) Limited) against the defendant (First Flight Couriers Limited).

Orders

  • Trident entitled to judgment for unpaid rent, costs of putting aircraft into re-delivery condition, estimated further loss of rent, interest, and legal costs, subject to agreement on the form of order.