||All England Reporter
|| All ER (D) 153 (Aug)
|| EWCA Civ 882
||Court of Appeal, Civil Division
Ward, Thomas and Wall LJJ
||Akhil Shah (instructed by Simmons & Simmons) for the claimant.
||Philip Shepherd QC and Bajul Shah (instructed by Norton Rose) for the defendant.
||24 August 2007
Contract - Construction - Aircraft lease - Whether lease obliging parties to make adjustment for difference in maintenance status by reference to comparison between what was required at next overhaul as at delivery and redelivery and difference in length of time as at delivery and redelivery to that overhaul.
Contract Construction. In the instant case, on the true construction of the leases entered into by the parties for the sale and lease back arrangement of two aircraft, the obligation of the parties in respect of the engines, including components of the engines known at Limited Life Parts (LLPs), was to make an adjustment for the difference in maintenance status by reference to a comparison between what was required at the next overhaul as at delivery and redelivery, and the difference in the length of time as at delivery and redelivery to that overhaul.
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