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Court refuses summary judgment application on unpaid rent for unairworthy aeroplane

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

The High Court has refused an application for summary judgment on a claim for unpaid rent for a leased aeroplane which was not airworthy

Supreme Court grounds the established principle that a non-appealable judgment is final

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 10 2013

In its decision in Virgin Atlantic Airways v Zodiac Seats UK 2013 UKSC 46, the Supreme Court rejected a century-old principle, known as the "Unilin

Twin Towers: one plot, two events under the English doctrine of unities

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • February 21 2013

The English Commercial Court has recently upheld an arbitral award handed down in January 2013, under the terms of various aviation retrocession

Virgin Atlantic Airways Ltd v Delta Airways Inc: “for” claims normally construed as meaning “suitable for”

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • March 31 2011

The Court of Appeal of England and Wales has, on an application by Delta for summary judgment, overturned Mr Justice Arnold's decision to the effect that, based on Arnold J's interpretation of the main patent claim, Virgin had no real prospect of establishing that Delta had infringed its patent for an aircraft seating system

Whether claimant demonstrated that correct choice of law was English law

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • April 30 2010

In the case of FR Lurssen Werft GmBh & Co V Halle 2010 All ER (D) 159 (Apr), the claimant was a German shipbuilding company

Incorporation of collective agreements into individual employment contracts

  • Kennedys Law LLP
  • -
  • United Kingdom
  • -
  • April 29 2010

In the recent case of Malone and Others v British Airways Plc the High Court held that it was not apt for provisions relating to crewing levels contained within a collective agreement to be incorporated into individual contracts of employment

"Best endeavours" can require a party to incur financial loss

  • Buddle Findlay
  • -
  • New Zealand, United Kingdom
  • -
  • May 2 2012

A recent England and Wales Court of Appeal decision (Jet2.com Ltd v Blackpool Airport Ltd 2012 EWCA Civ 417) suggests that a "best endeavours" commitment can impose more onerous obligations than some might expect

“Best endeavours” and “(all) reasonable endeavours” clauses: are they worth the debate?

  • King & Wood Mallesons
  • -
  • Australia, United Kingdom
  • -
  • September 14 2012

The terms ‘best endeavours’, ‘reasonable endeavours’ and ‘all reasonable endeavours’ are often used in commercial contracts where a party will not accept an absolute obligation, however, their legal meanings are not always appreciated

Certificate of acceptance: enough to constitute delivery?

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • July 30 2010

ACG Acquisition XX LLC (the “Lessor”) leased a Boeing 737 aircraft to Olympic Airlines SA (the “Lessee”) for a period of 5 years

ACG Acquisition XX LLC v Olympic Airlines SA

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • November 29 2010

In ACG Acquisition XX LLC v Olympic Airlines SA, the English High Court examined the effect of signature of a Certificate of Acceptance and a hell and high water clause in deciding not to grant summary judgment to the lessor for unpaid rent