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Whether real prospect of success in summary judgement application

Reed Smith LLP
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United Kingdom
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April 30 2010

In the case ACG Acquisition XX LLC v Olympic Airlines SA 2010 All ER (D)128 (Apr), the claimant owner, ACG, agreed to lease a Boeing 737 (the aircraft) to the defendant, Olympic Airlines, for a period of five years

Judicial clarification of the choice of law rules for aircraft mortgages: how a mortgage may be effective in one jurisdiction but ineffective in another

Norton Rose LLP
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United Kingdom
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April 14 2010

The English High Court has recently held that: it is the lex situs (that is, the laws of the jurisdiction where the relevant asset is situated at the time that the interest is created) which determines whether a property interest, such as a mortgage, is effectively created over that asset

Aircraft leases outside scope of UCTA?

Norton Rose LLP
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United Kingdom
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April 30 2009

A recent judgment of the Commercial Court in London has confirmed advice we routinely give clients, namely that aircraft leases will normally fall outside the provisions of the Unfair Contract Terms Act 1977 (UCTA) because they are deemed to be international supply contracts

Lessors of major aircraft parts take heed, your parts may be at risk

Vedder Price PC
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USA
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July 12 2012

Wells Fargo Bank Northwest, N.A., v. RPK Capital XVI, L.L.C., et al. (the RPK Case) is a recent case that presents a cautionary tale to leasing companies in the market of leasing major aircraft parts to operators

Court of Appeal ruling likely to take more cross-border aircraft leases outside the Unfair Contract Terms Act

Dentons
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United Kingdom
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July 16 2009

A recent case suggests the courts are increasingly likely to find cross-border aircraft leases are outside the Unfair Contract Terms Act 1977 (UCTA

Recent litigation affecting aircraft finance and the aviation industry

Jones Day
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USA
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February 6 2012

Airlines and aircraft lessors would be well advised in today's economic climate to remain attuned to litigation outcomes that may affect the traditional rules for aircraft financing

Corporate jet financings, deposits and agreements to negotiate in good faith

Dentons
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United Kingdom
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June 28 2012

Deposits are commonplace in corporate jet financings

Jurisdictional issues in creating a possessory lien

Morton Fraser
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United Kingdom
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February 16 2011

are the owners of and leased 2 Airbus A320-200 aircraft to an airline ("Mexicana") which got into financial difficulties and was unable to pay sums due under the leases

Two recent cases shed light on liquidated damages

Vedder Price PC
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USA
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September 17 2010

Virtually every equipment financing contract (lease or mortgage) provides a fixed claim for damages (liquidated damages) payable by the Obligor (lessee or mortgagor) upon a breach of such contract

Return conditions in commercial aircraft leases: determining “value and utility”

Vedder Price PC
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USA
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November 13 2009

In U.S. Bank National Association v. Southwest Airlines Co., the U.S. District Court for the Southern District of New York resolved a return condition dispute arising under the provisions of a lease that permitted the lessee to substitute engines and parts with engines and parts of “equivalent value and utility.”

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Search results

Whether real prospect of success in summary judgement application

Judicial clarification of the choice of law rules for aircraft mortgages: how a mortgage may be effective in one jurisdiction but ineffective in another

Aircraft leases outside scope of UCTA?

Lessors of major aircraft parts take heed, your parts may be at risk

Court of Appeal ruling likely to take more cross-border aircraft leases outside the Unfair Contract Terms Act

Recent litigation affecting aircraft finance and the aviation industry

Corporate jet financings, deposits and agreements to negotiate in good faith

Jurisdictional issues in creating a possessory lien

Two recent cases shed light on liquidated damages

Return conditions in commercial aircraft leases: determining “value and utility”

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