| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 230 (Feb) |
| Neutral Citation: | [2004] EWHC 232 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Cooke J |
| Representation | Robert Lawson (instructed by Clyde & Co) for the claimant. |
| Andrew Lydiard QC (instructed by Allen & Overy) for the defendant. | |
| Judgment Dates: | 13 February 2004 |
Catchwords
Contracts - Contractual term - Express term - Insurance of aircraft - Existence of term dealing with insurance.
The Case
Where the claimant had let an aircraft to the defendant pursuant to an oral agreement, on the evidence, it had never been a term of that agreement that the defendant's liabilities were covered by the claimant's insurance policy. It followed that the defendant was liable to the claimant for loss flowing from a crash in which the aircraft was lost.
Practice Areas
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