Source: All England Reporter
Publisher Citation: [2004] All ER (D) 230 (Feb)
Neutral Citation: [2004] EWHC 232 (QB)
Court: Queen's Bench Division

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


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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