Walton Family Ltd & Ors v Estates GJD Services Ltd & Ors [2021] EWHC 88 (Comm) (21 January 2021)

Walton Family Ltd & Ors v Estates GJD Services Ltd & Ors [2021] EWHC 88 (Comm) (21 January 2021)

WFEL, as landlord with right to occupy and remove aircraft under lease, has standing to sue for trespass and as involuntary bailee; summary judgment granted as defendants have no real prospect of establishing lawful right to keep aircraft; court may authorise removal and sale of aircraft under statutory and equitable powers.

Citation
[2021] EWHC 88 (Comm)
Parties
Claimant: Walton Family Estates Limited; Claimant: Airfield Farms Sulby Limited; Claimant: David Walton; Claimant: Elizabeth Walton; Claimant: John Walton; Claimant: Peter Walton; Defendant: GJD Services Limited; Defendant: GJD Aerotech Limited; Defendant: Kepler Aerospace Limited; Defendant: AGD Systems Corporation; Defendant: Tristar Air LLC; Defendant: Tempus Applied Solutions Holdings Inc; Defendant: ECJ Holdings Limited; Defendant: Japan Sky Services K. K.
Jurisdiction
England and Wales
Judgment Date
21 January 2021
Procedural Posture
Commercial Court Claim / Summary Judgment Application
Outcome
Summary judgment granted in favour of WFEL against Tristar Air LLC and Japan Sky Services K.K.; declaratory and mandatory orders made.
Legal Topics
Trespass, Bailment, Summary Judgment, Landlord and Tenant, Interference With Goods, Remedies
Property Law Tort Law Commercial Law Trespass Bailment Summary Judgment Landlord and Tenant Interference With Goods +1 more

Case Brief

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Parties

Walton Family Estates Limited

Claimant

Airfield Farms Sulby Limited

Claimant

David Walton

Claimant

Elizabeth Walton

Claimant

John Walton

Claimant

Peter Walton

Claimant

GJD Services Limited

Defendant

GJD Aerotech Limited

Defendant

Kepler Aerospace Limited

Defendant

AGD Systems Corporation

Defendant

Tristar Air LLC

Defendant

Tempus Applied Solutions Holdings Inc

Defendant

ECJ Holdings Limited

Defendant

Japan Sky Services K. K.

Defendant

Procedural Posture

Commercial Court Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether claimants have standing to sue for trespass and bailment
  2. 2 Whether defendants have lawful right to keep aircraft on claimants' land
  3. 3 Whether summary judgment is appropriate

Ratio Decidendi

WFEL, as landlord with right to occupy and remove aircraft under lease, has standing to sue for trespass and as involuntary bailee; summary judgment granted as defendants have no real prospect of establishing lawful right to keep aircraft; court may authorise removal and sale of aircraft under statutory and equitable powers.

Court Disposition

Summary judgment granted in favour of WFEL against Tristar Air LLC and Japan Sky Services K.K.; declaratory and mandatory orders made.

Orders

  • Declaration of ownership of VC10 aircraft and parts in favour of GJD Services Limited.
  • Order requiring removal of aircraft and parts by specified date.