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Clifford Chance

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Ointment for Mosquito Bites – English Court upholds exclusion clause in aircraft purchase agreement; statutory limitations do not apply

30 March 2012

Air Transworld Limited v Bombardier Inc [2012] EWHC 243 involved a Gibraltar company, Air Transworld Limited ("ATL"), and the Canadian manufacturer, Bombardier Inc. ("Bombardier").  ATL was controlled by Mr. Antonio Mosquito, an Angolan resident, who wished to purchase a new Challenger 605 private jet for his personal use.  The Aircraft Purchase Agreement (the "APA") with Bombardier was originally entered into by an Angolan company, Angoil SA ("Angoil"), which was also controlled by Mr. Mosquito.  In April 2007, Angoil assigned the APA to ATL.  The aircraft was delivered to ATL in March 2009 and suffered an incident in May 2010.

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