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EMIRATES AIRLINES DIREKTION FÜR DEUTSCHLAND v SCHENKEL

[2009] 1 Lloyd's Rep. 1

Carriage by air - EC Regulation providing for compensation to passengers in event of cancellation of flight - Passenger making single booking in member state for outward and return journey - Outward journey was from member state and return journey from non-member state - Return flight cancelled - Whether passenger entitled to compensation - Whether journey out and back to be regarded as a “flight” - Reference for preliminary ruling - Regulation (EC) No 261/2004, article 3(1)(a).

HLB KIDSONS AND OTHERS v LLOYD’S UNDERWRITERS SUBSCRIBING TO POLICY 621/PKID00101 AND OTHERS [2008]

[2009] 1 Lloyd's Rep. 8

Insurance (professional indemnity) - Policies requiring assured to give notice in writing as soon as practicable of any circumstances of which it became aware - Whether assured became aware of circumstances - Whether valid notification given to underwriters - Whether clause constituted a condition precedent to underwriters’ liability.

MASRI v CONSOLIDATED CONTRACTORS INTERNATIONAL CO SAL AND ANOTHER [2008]

[2009] 1 Lloyd's Rep. 42

Practice - Judgment - Enforcement - Non-parties - Judgment creditor applying for orders requiring respondents to attend court and provide information to enable judgment to be enforced against judgment debtor companies - Judgment creditor asserting that respondents were officers of judgment debtors - Respondents resident and domiciled in Greece - Whether court had jurisdiction to make orders against respondents - Whether court should exercise discretion in judgment creditor’s favour notwithstanding failure to make full and frank disclosure on without notice application - CPR 17.2 and 6.30(2) - Council Regulations (EC) Nos 44/2001 and 1206/2001.

ELEKTRIM SA v VIVENDI HOLDINGS 1 CORPORATION LAW DEBENTURE TRUST CORPORATION PLC v VIVENDI HOLDINGS 1 CORPORATION

[2009] 1 Lloyd's Rep. 59

Bond issue - “No action” clause - Whether clause precluded action by bondholders against bond issuer and Trustee - Whether anti-suit injunction should be granted.

FARENCO SHIPPING CO LTD v DAEBO SHIPPING CO LTD (THE “BREMEN MAX”)

[2009] 1 Lloyd's Rep. 81

Charterparty (Time) - Letter of indemnity - Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI - Cargo discharged against LOI requiring charterer to put up security to prevent arrest or secure release of arrest - Holder of bill of lading subsequently arresting vessel - Owners putting up security to obtain release - Whether charterer remained under obligation to provide security - Whether undertakings in LOI conditional upon delivery to party named in LOI.

NIGERIAN NATIONAL PETROLEUM CORPORATION v IPCO (NIGERIA) LTD (NO 2)

[2009] 1 Lloyd's Rep. 89

Arbitration - Enforcement of award - Whether court could overturn earlier decision to adjourn enforcement - Whether court could order partial enforcement - Arbitration Act 1996, sections 101(3) and 103(3).

R v V

[2009] 1 Lloyd's Rep. 97

Arbitration - Award - Enforcement - Public policy - Consultancy agreement to be performed in Libya - Performance of contract allegedly illegal in Libya - Arbitrators giving award in favour of consultant - Arbitrators rejecting public policy defence - Whether court entitled to inquire into issue of illegality - Whether award should be enforced - Arbitration Act 1996, sections 68(2)(g) and 81(1)(c).

THE PETROLEUM OIL AND GAS CORPORATION OF SOUTH AFRICA (PTY) LTD v FR8 SINGAPORE PTE LTD (THE “ETERNITY”)

[2009] 1 Lloyd's Rep. 107

Charterparty (Voyage) - Gasoil and Mogas cargoes allegedly damaged by reason of failure to separate vapour phases from common inert gas line - Owners undertaking to operate inert gas system in accordance with IMO procedures - Whether obligation absolute or to use due diligence - Whether failure of crew to prevent segregation of vapour phases constituted act, neglect or default in the management of the vessel - Whether owners’ demurrage claim time-barred by reason of failure to provide pumping logs signed by terminal representative.

CITY OF LONDON v SANCHETI

[2009] 1 Lloyd's Rep. 117

Arbitration - Bilateral Investment Treaty - Stay of proceedings - Whether proceedings brought by a person not a party to an arbitration clause could be stayed - Arbitration Act 1996, sections 9 and 82.

KALLANG SHIPPING SA PANAMA v AXA ASSURANCES SENEGAL AND ANOTHER (THE “KALLANG” (NO 2))

[2009] 1 Lloyd's Rep. 124

Carriage of goods by sea - London arbitration clause incorporated into bills of lading - Damage to cargo - Ship arrested in Senegal by cargo owners and insurers - Cargo owners and insurers refusing to accept P&I Club undertaking - Whether cargo owners in breach of arbitration clause - Whether cargo insurers wrongfully induced or conspired with cargo owners to breach arbitration clause - Measure of damages.

SOTRADE DENIZCILIK SANAYI VE TICARET AS v AMADOU LO AND OTHERS (THE “DUDEN”)

[2009] 1 Lloyd's Rep. 145

Carriage of goods by sea - London arbitration clause incorporated into bills of lading - Damage to cargo - Ship arrested in Senegal by cargo owners and insurers - Cargo owners and insurers refusing to accept P&I Club undertaking - Whether cargo owners in breach of arbitration clause - Whether cargo insurers wrongfully induced or conspired with cargo owners to breach arbitration clause - Measure of damages - Identity of carrier - Whether loss sustained by registered owners or bareboat charterers - Whether owners entitled to final anti-suit injunction.

MICHAEL WILSON & PARTNERS LTD v EMMOTT

[2009] 1 Lloyd's Rep. 162

Arbitration - Jurisdiction - Whether arbitrators had made an award on jurisdiction - Arbitration Act 1996, section 67.

SHEFFIELD UNITED FOOTBALL CLUB LTD v WEST HAM UNITED FOOTBALL CLUB PLC

[2009] 1 Lloyd's Rep. 167

Arbitration - Anti-suit injunction - Application for temporary injunction to prevent appeal to Appeal Tribunal against arbitration award - Whether conditions for temporary relief satisfied - Whether proceedings should be stayed - Supreme Court Act 1981, section 37 - Arbitration Act 1996, sections 9 and 44.

A TURTLE OFFSHORE SA AND ANOTHER v SUPERIOR TRADING INC (THE “A TURTLE”)

[2009] 1 Lloyd's Rep. 177

Towage contract - TOWCON terms - Tugowner agreeing to tow drilling rig from Brazil to Singapore - Tug running out of fuel during voyage causing rig to be lost - Whether tugowner in breach of contract in failing to exercise due diligence and in failing to exercise best endeavours - Whether tugowner protected from liability - Whether tugowner entitled to balance of freight.

CLUB CRUISE ENTERTAINMENT AND TRAVELLING SERVICES EUROPE BV v THE DEPARTMENT FOR TRANSPORT (THE “VAN GOGH”)

[2009] 1 Lloyd's Rep. 201

Shipping - Health and safety - Statutory power to detain vessel - Cruise vessel temporarily detained by Maritime and Coastguard Agency after outbreak of gastrointestinal virus - Whether detention valid - Whether detention constituted unlawful interference with goods - Whether court had jurisdiction to award statutory compensation - Merchant Shipping Act 1995, sections 94 and 95 - Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997, Regulation 28.

CMA CGM SA v HYUNDAI MIPO DOCKYARD CO LTD

[2009] 1 Lloyd's Rep. 213

Contract - Arbitration agreement - Third party commencing tort-based litigation in France - Third party subsequently becoming party by novation to contract containing arbitration agreement - Novating party continuing French proceedings - Whether dispute in French proceedings covered by arbitration agreement - Whether continuance of French proceedings by novating party constituted breach of arbitration agreement - Whether arbitration tribunal bound by French judgment - Council Regulation (EC) No 44/2001.

PRATT v AIGAION INSURANCE CO SA (THE “RESOLUTE”)

[2009] 1 Lloyd's Rep. 225

Insurance (marine) - Time policy on fishing trawler - Warranty requiring skipper and crew member to be on board at all times - Vessel catching fire with no crew on board - Whether breach of warranty.

EMMOTT v MICHAEL WILSON & PARTNERS LTD (NO 2)

[2009] 1 Lloyd's Rep. 233

Arbitration - Peremptory order - Whether arbitrators possessed jurisdiction over dispute - Whether arbitrators entitled to make peremptory order - Principles to be applied for enforcement of peremptory order - Freezing order by court to support arbitration - Arbitration Act 1996, sections 41, 42, 44 and 67.

METVALE LTD AND ANOTHER v MONSANTO INTERNATIONAL SARL AND OTHERS (THE “MSC NAPOLI”)

[2009] 1 Lloyd's Rep. 246

Charterparty (Slot) - Limitation of liability - Container vessel beached on south coast of England - Whether slot charterer entitled to limit liability - Whether limitation fund constituted by owner of vessel deemed to be constituted by slot charterers - Convention on Limitation of Liability for Maritime Claims 1976.

MIDDLE EASTERN OIL LLC v NATIONAL BANK OF ABU DHABI

[2009] 1 Lloyd's Rep. 251

Conflict of laws - Application for stay of English proceedings - Forum non conveniens - Whether parties had agreed to an exclusive jurisdiction clause for the courts of the UAE - Whether there were good reasons for disregarding the clause - Law applicable to tort - Private International Law (Miscellaneous Provisions) Act 1995.

TRI-MG INTRA ASIA AIRLINES v NORSE AIR CHARTER LTD

[2009] 1 Lloyd's Rep. 258

Arbitration - Stay of proceedings - Agreement containing both arbitration and exclusive jurisdiction clauses - Whether arbitration clause to be given priority over jurisdiction clause - Whether dispute between the parties - Whether stay should be granted.

VAN DER GIESSEN-DE-NOORD SHIPBUILDING DIVISION BV v IMTECH MARINE & OFFSHORE BV

[2009] 1 Lloyd's Rep. 273

Arbitration - Serious irregularity - Substantial injustice - Failure by arbitrators to deal with all of the issues put to them - Whether award should be set aside in whole or in part - Effect of remission - Whether umpire should be appointed - Arbitration Act 1996, sections 21 and 68(2)(d).

NOTE ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND (THE “AMER ENERGY”)

[2009] 1 Lloyd's Rep. 293

Practice - Arbitration - Award - Owners sought leave to appeal from award - Whether extension of time should be granted - Whether leave should be given - Arbitration Act 1996, section 69.

BARCLAY v BRITISH AIRWAYS PLC

[2009] 1 Lloyd's Rep. 297

Carriage by air - Claimant slipped while going to seat on aircraft - Whether claimant suffered injury from “accident” - Montreal Convention 1999, article 17.

GREENLAND BANK LTD (IN LIQUIDATION) v AMERICAN EXPRESS BANK LTD

[2009] 1 Lloyd's Rep. 307

Performance bonds - Performance bond provided by bank on behalf of another bank - Requesting bank entered into liquidation - Performance bond not renewed - Requesting bank seeking return of deposit - Whether performance bond had expired.

LAROCHE v SPIRIT OF ADVENTURE (UK) LTD

[2009] 1 Lloyd's Rep. 316

Carriage by air - Limitation of action - Claimant sustaining personal injury while being carried in hot air balloon - Whether hot air balloon “aircraft” - Whether flight involved contract of “carriage” - Whether claimant a “passenger” - Whether running of two-year prescription period suspended by defendant’s voluntary liquidation - Carriage by Air Act 1961 - Carriage by Air Acts (Application of Provisions) Order 1967, article 29 - Council Regulation (EC) No 2027/97.

SHAH AND ANOTHER v HSBC PRIVATE BANK (UK) LTD

[2009] 1 Lloyd's Rep. 328

Bank transfers - Delays - Bank reported a payment instruction as suspicious under the Proceeds of Crime Act 2002 and did not carry it out - Whether suspicion rationally held - Effects of failure to execute payment instruction where suspicion not rationally held - Failure to take reasonable care - Breach of confidence - Failure to comply with instructions - Whether losses claimed recoverable - Proceeds of Crime Act 2002, sections 333, 335 and 338.

TRUSTEES OF EDMOND STERN SETTLEMENT v LEVY (T/A SIMON LEVY ASSOCIATES) (NO 2)

[2009] 1 Lloyd's Rep. 345

Arbitration - Arbitrator assessing damages at date of termination of contract - Respondent seeking to adduce evidence of later developments - Arbitrator refusing to admit evidence - Whether error of law - Whether serious irregularity - Arbitration Act 1996, sections 68 and 69.

BULKHAUL LTD v RHODIA ORGANIQUE FINE LTD

[2009] 1 Lloyd's Rep. 353

Contract - Damages - Long-term leasing agreement for chemical tanks - Lessee unlawfully terminating agreement prematurely - Whether lessor failed to mitigate its loss - Whether lessor ought to have sold tanks on termination of lease - Whether judge entitled to find there was an available market for the tanks and their value.

HARLEY AND OTHERS v SMITH AND ANOTHER

[2009] 1 Lloyd's Rep. 359

Personal injury - Limitation period - Claimants injured in Saudi Arabia - Action brought in England - Whether claims time-barred under Saudi law - Whether limitation period should be disapplied - Foreign Limitation Periods Act 1984.

NML CAPITAL LTD v REPUBLIC OF ARGENTINA

[2009] 1 Lloyd's Rep. 378

Enforcement of judgments - Sovereign immunity - Claimant obtaining judgment against Republic of Argentina in New York court - Claimant seeking to enforce judgment in England by common law action - Effect of State Immunity Act 1978 - Whether contractual submission to jurisdiction - Whether claimant permitted to argue new grounds for lack of immunity - State Immunity Act 1978, section 1 - Civil Jurisdiction and Judgments Act 1982, section 31(1).

PORT OF TILBURY (LONDON) LTD v STORA ENSO TRANSPORT & DISTRIBUTION LTD AND ANOTHER

[2009] 1 Lloyd's Rep. 391

Contract - Set-off - Long-term contract between port authority and paper importer - Paper importer agreeing to minimum annual throughput of paper - Importer failing to meet minimum figure and alleging breaches of contract by port authority - Port authority seeking summary judgment based on shortfall - Whether contract contained no set-off provision - Whether importer entitled to rely on implied term.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION v MANTERFIELD

[2009] 1 Lloyd's Rep. 399

Worldwide freezing order - Whether party seeking the injunction in reality seeking to enforce foreign penal law - Whether the English court should decline jurisdiction - Whether the judge was right to dispense with a cross-undertaking in damages - Civil Jurisdiction and Judgments Act 1982, section 25 - Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997.

WALLENTIN-HERMANN v ALITALIA-LINEE AEREE ITALIANE SPA

[2009] 1 Lloyd's Rep. 406

Carriage by air - EC Regulation providing for compensation to passengers in event of cancellation of flights - Exemption from obligation to pay compensation - Cancellation due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken - Reference for preliminary ruling - Regulation (EC) No 261/2004, article 5(3).

ALLIANZ SPA AND ANOTHER v WEST TANKERS INC (THE “FRONT COMOR”) Case C-185/07

[2009] 1 Lloyd's Rep. 413

Arbitration Anti-suit injunction Judicial proceedings commenced in Italy Alleged breach of arbitration clause for arbitration in London Whether English court empowered to grant anti-suit injunction to restrain continuation of Italian proceedings European Council Regulation (EC) No 44/2001, articles 1 and 27.

BULK & METAL TRANSPORT (UK) LLP v VOC BULK ULTRA HANDYMAX POOL LLC (THE “VOC GALLANT”) [2009] EWHC 288 (Comm)

[2009] 1 Lloyd's Rep. 418

Arbitration - Commencement - Charterparty (Time) - Owners claiming balance of hire and charterers asserting cross-claim for breach of Hague Rules, article III rule 2 - Whether message from owners' solicitors took effect as notice commencing arbitration - Whether message constituted bringing of suit in respect of charterers’ cargo claim - Whether charterer's cross-claim time-barred - Whether extraneous evidence admissible - Arbitration Act 1996, section 14(4), Hague Rules, article III rule 6.

COMMISSION OF THE EUROPEAN COMMUNITIES v HELLENIC REPUBLIC Case C-45/07

[2009] 1 Lloyd's Rep. 425

European law - Maritime safety - Monitoring of ships and port facilities - International agreements - Division of powers between the Community and the member states - Whether member state failed to fulfil obligations - EC Treaty, articles 10, 71 and 80(2)

DHL GBS (UK) LTD v FALLIMENTO FINMATICA SPA [2009] EWHC 291 (Comm)

[2009] 1 Lloyd's Rep. 430

Foreign judgment - Judgment given in Italy in alleged breach of arbitration clause - Enforcement of judgment - Appeal against enforcement in England - Application to stay English appeal pending appeal being heard in Italy - Council Regulation (EC) No 44/2001 (Judgments Regulation), articles 1(2)(d), 34, 35 and 46 - Civil Procedure Rules, Part 74

IMAGEVIEW MANAGEMENT LTD v JACK [2009] EWCA Civ 63

[2009] 1 Lloyd's Rep. 436

Agency - Secret contract entered into between agent and third party leading to profit for agent - Whether principal entitled to recover all sums paid to agent - Whether principal entitled to recover the price paid to the agent for the secret contract

NATIONWIDE BUILDING SOCIETY v DUNLOP HAYWARDS LTD AND ANOTHER [2009] EWHC 254 (Comm)

[2009] 1 Lloyd's Rep. 447

Contribution - Claimant suffering loss by reason of overvaluation of property secured by loans - Action against surveyors in fraud and against solicitors in negligence - Value of claims against surveyors and solicitors - Whether defendants liable for the "same damage" - Apportionment between defendants when one defendant has a partial defence against the claimant - Civil Liability (Contribution) Act 1978

STOCZNIA GDYNIA SA v GEARBULK HOLDINGS LTD [2009] EWCA Civ 75

[2009] 1 Lloyd's Rep. 461

Shipbuilding contracts - Delay - Contracts entitling purchaser to terminate contract if vessel not delivered by specified date - Purchaser purporting to terminate contracts for delay pursuant to contractual provisions - Whether contracts excluded common law right to terminate for accepted breach - Whether contract excluded builder's liability for damages for loss of bargain - Whether purchaser terminated contracts solely in reliance on contractual termination provisions

MAPLE LEAF MACRO VOLATILITY MASTER FUND AND ANOTHER v ROUVROY AND ANOTHER [2009] EWHC 257 (Comm)

[2009] 1 Lloyd's Rep. 475

Funding Agreement - Claim for breach and claim for deceit - Whether English court possessed jurisdiction - Whether defendants had submitted to the jurisdiction of the English courts by entering appearance - Scope of exclusive jurisdiction agreement - Whether agreement a consumer agreement - Whether tort committed in England - Council Regulation (EC) No 44/2001, articles 5(3), 15, 23 and 24 - Validity of Funding Agreement - Intention to create legal relations - Whether there was a breach of the Funding Agreement - Whether termination provisions in Funding Agreement constituted a penalty at common law - Scope of Unfair Terms in Consumer Contracts Regulations 1999 - Scope of Consumer Credit Act 1974, sections 140A and 140B - Whether defendants liable in the tort of deceit - Whether defendants had counterclaim under section 150 of the Financial Services and Markets Act 2000 for breach of Conduct of Business Rules

F LTD v M LTD [2009] EWHC 275 (TCC)

[2009] 1 Lloyd's Rep. 537

Arbitration - Serious irregularity - Substantial injustice - Arbitration tribunal determining certain issues adversely to claimant - Dissenting arbitrator expressing concern that majority had determined issues on grounds of their own devising without giving claimant opportunity to make submissions - Relevance of views of dissenting arbitrator - Whether parts of award should be remitted - Arbitration Act 1996, section 68

HATZL AND ANOTHER v XL INSURANCE CO LTD

[2009] 1 Lloyd's Rep. 555

Carriage by road - CMR - Jurisdiction - Goods lost in transit between Austria and Italy - Carriers bringing proceedings in England against parties to contract of carriage and assignees/insurers - England not having any connection with matters in dispute other than being principal place of business of assignees/insurers - Whether court had jurisdiction - Whether assignees/insurers "the defendant" - CMR article 31(1)(a)

KENT TRADE AND FINANCE INC AND OTHERS v JPMORGAN CHASE BANK AND ANOTHER (THE “LANNER”)

[2009] 1 Lloyd's Rep. 566

Admiralty practice - Priority - Conflict of laws - Proper law of contract - Maritime lien - Contracts for supply of necessaries expressly governed by American law - Relevance of contractual choice of law clause - Applicable law - Whether suppliers of necessaries entitled to priority over vessel' mortgagee - Commercial Instruments and Maritime Liens Act, 46 USC 31342 (1994)

NOVUS AVIATION LTD v ONUR AIR TASIMACILIK AS

[2009] 1 Lloyd's Rep. 576

Practice - Application to set aside - Forum non conveniens - Claimant bringing action in England alleging breach of contract governed by English law - Dispute having no other connection with England - Whether judge erred in authorising service out of jurisdiction - Whether England appropriate forum - CPR 6.20(5)(c)

YOUELL AND OTHERS v LA REUNION AERIENNE AND OTHERS

[2009] 1 Lloyd's Rep. 586

Insurance — Co-insurance agreement — Dispute as to whether London insurers bound to indemnify French insurers — Action by London insurers for declaration — Whether English court possessed jurisdiction — Whether dispute a matter relating to insurance or relating to arbitration — European Parliament and Council Regulation (EC) No 44/2001, articles 1, 5 and 8.

ASSOCIATED BRITISH PORTS v FERRYWAYS NV AND ANOTHER

[2009] 1 Lloyd's Rep. 595

Contract — Guarantee or indemnity — Whether contract to be construed as guarantee or as indemnity or as a legally binding letter of comfort.

DADOURIAN GROUP INTERNATIONAL INC v SIMMS AND OTHERS

[2009] 1 Lloyd's Rep. 601

Option to purchase goods — Fraudulent misrepresentation by intermediary as to his interest in the purchaser — Failure by purchaser to open letter of credit — Arbitrator finding that purchaser was in breach of contract and that there had been fraudulent misrepresentation on its behalf — Award not honoured — Proceedings brought in England by seller against controllers of purchaser — Whether controllers implicated in the fraud — Effect of arbitration award on controllers — Measure of damages — Whether worldwide freezing orders should be discharged.

GAMBAZZI v DAIMLERCHRYSLER CANADA INC AND ANOTHER

[2009] 1 Lloyd's Rep. 647

Enforcement of judgments — Recognition and enforcement of judgments — Grounds for refusal — Infringement of public policy in the state in which enforcement is sought — Exclusion of the defendant from the proceedings before the court of the state of origin because of failure to comply with a court order — Brussels Convention 1968, article 27.

SEMEN v DEUTSCHE TAMOIL GMBH

[2009] 1 Lloyd's Rep. 653

Agency — European law — Self-employed commercial agents — Termination of agency — Right of commercial agent to indemnity or compensation — Whether amount of lost commission represented upper limit of indemnity — Whether benefits accruing to other companies within principal’s group to be taken into account — Reference for a preliminary ruling — Article 234 EC — Council Directive 86/653/EEC, article 17(2).

LANSAT SHIPPING CO LTD v GLENCORE GRAIN BV (THE “PARAGON”)

[2009] 1 Lloyd's Rep. 658

Charterparty (Time) — Late redelivery — Clause providing that charterers should pay market rate of hire from 30th day prior to maximum period date until actual redelivery — Whether clause a penalty.

NATIONAL NAVIGATION CO v ENDESA GENERACION SA (THE “WADI SUDR”)

[2009] 1 Lloyd's Rep. 666

Bill of lading — Arbitration clause — Disputes arising under bill of lading between Egyptian shipowners and Spanish cargo owners — Shipowners bringing court proceedings against cargo owners in England claiming declaration of non-liability and asserting English jurisdiction based on English law and London arbitration clauses incorporated from relevant charterparty — Whether English court had jurisdiction — Cargo owners obtaining judgment in Spanish courts that arbitration clause not binding on cargo owners — Shipowners bringing separate court proceedings against cargo owners in England for declaration that arbitration clause validly incorporated — Whether English court bound to recognise and enforce Spanish judgment — Whether shipowners entitled to declaration that arbitration clause validly incorporated — Whether shipowners entitled to disclosure of charterparty — Council Regulation (EC) No 44/2001, articles 31, 33 and 34 — Civil Jurisdiction and Judgments Act 1982, section 32.

TRIDENT TURBOPROP (DUBLIN) LTD v FIRST FLIGHT COURIERS LTD

[2009] 1 Lloyd's Rep. 702

Aircraft lease — Allegation of misrepresentation by lessee — Whether exclusion clauses in leases effective to exclude liability for misrepresentation — Unfair Contract Terms Act 1977, sections 8, 11 and 26 — Misrepresentation Act 1967, section 3.

Lloyd's Law Reports