Source: All England Reporter
Publisher Citation: [2007] All ER (D) 153 (Aug)
Neutral Citation: [2007] EWCA Civ 882
Court: Court of Appeal, Civil Division
Judge:

Ward, Thomas and Wall LJJ
Representation Akhil Shah (instructed by Simmons & Simmons) for the claimant.
  Philip Shepherd QC and Bajul Shah (instructed by Norton Rose) for the defendant.
Judgment Dates: 24 August 2007

Catchwords

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.

The Case

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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