Source: All England Reporter
Publisher Citation: [2009] All ER (D) 63 (Dec)
Neutral Citation: [2009] EWHC 3142 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Teare J
Representation Peter Watson of  Allen & Overy LLP for the claimant.
  John Kimbell (instructed by Andrew Jackson) for the defendant.
Judgment Dates: 4 December 2009

Catchwords

Aircraft - Contract for lease of - Termination of agreement - Claimant and defendant entering into lease agreement for aircraft - Defendant failing to pay sums falling due - Claimant seeking to terminate lease and take possession of aircraft - Defendant seeking to pay sums due by way of set off - Claimant contending defendant not entitled to set off through being in continuing default - Claimant seeking summary judgment - Whether defendant having real prospect of defending claim.

The Case

Aircraft Contract for lease of. The Commercial Court in granting the claimant summary judgment for sums due in respect of supplemental rent due under a lease agreement for the lease of aircraft to the defendant airline, held that the defendant was in default of the lease and therefore was not entitled to a reduction in deposit.

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