Liquidated damages clause in aircraft purchase agreement not an unenforceable penalty
By EsqSocial Corporation 10/05/21
The claimant aircraft manufacturer claimed damages under an aircraft purchase agreement for the non-payment of pre-delivery payments (PDPs) following the defendant’s failure to pay the PDPs and to take delivery of a number of aircraft. The court granted summary judgment in favour of the claimant, and found that the liquidated damages clause in the agreement was not an unenforceable penalty: De Havilland Aircraft of Canada Ltd v SpiceJet Ltd [2021] EWHC 362 (Comm)...
By: Allen & Overy LLP