Peregrine Aviation Bravo Limited & Ors v Laudamotion GmbH & Anor

Peregrine Aviation Bravo Limited & Ors v Laudamotion GmbH & Anor

The court held that Laudamotion did not wrongfully fail to take delivery of the aircraft, that no Events of Default occurred under the leases, and that the Claimants were not entitled to terminate the leases or recover damages. The Claimants failed to comply with contractual requirements for notice, consultation, and provision of required documentation. The absence of material deviations was not properly demonstrated by Laudamotion, but the Claimants' tender of delivery was invalid due to procedural non-compliance. The impact of COVID-19 and the parties' conduct did not excuse the Claimants' failures or entitle them to relief.

Parties
Claimant: Peregrine Aviation Bravo Limited; Claimant: AerCap Ireland Limited; Claimant: AerCap Ireland Capital Designated Activity Company; Defendant: Laudamotion GmbH; Defendant: Ryanair Holdings PLC
Jurisdiction
England and Wales
Judgment Date
17 January 2023
Procedural Posture
Commercial Lease Dispute / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Aircraft Leasing, Events of Default, Termination of Lease, Cross Default Provisions, Mitigation of Damages, Obligation to Accept Delivery, Material Deviation, Force Majeure and COVID 19 Impact
Contract Law Commercial Law Aviation Law Aircraft Leasing Events of Default Termination of Lease Cross Default Provisions Mitigation of Damages +3 more

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Parties

Peregrine Aviation Bravo Limited

Claimant

AerCap Ireland Limited

Claimant

AerCap Ireland Capital Designated Activity Company

Claimant

Laudamotion GmbH

Defendant

Ryanair Holdings PLC

Defendant

Procedural Posture

Commercial Lease Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether Laudamotion wrongfully failed to take delivery of aircraft under lease agreements
  2. 2 Whether Events of Default occurred under the leases entitling the Claimants to terminate
  3. 3 Whether the Claimants were entitled to damages for lost rental stream and other expenses

Ratio Decidendi

The court held that Laudamotion did not wrongfully fail to take delivery of the aircraft, that no Events of Default occurred under the leases, and that the Claimants were not entitled to terminate the leases or recover damages. The Claimants failed to comply with contractual requirements for notice, consultation, and provision of required documentation. The absence of material deviations was not properly demonstrated by Laudamotion, but the Claimants' tender of delivery was invalid due to procedural non-compliance. The impact of COVID-19 and the parties' conduct did not excuse the Claimants' failures or entitle them to relief.

Court Disposition

Claim dismissed

Orders

  • All claims by the Claimants are dismissed.
  • No damages or indemnification awarded to the Claimants.