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Clifford Chance

Clifford Chance
Briefings

Briefings

Wilmington Trust SP Services (Dublin) Limited & Others vs SpiceJet Ltd- Case Summary

25 May 2021

Wilmington Trust SP Services (Dublin) Ltd v SpiceJet Ltd [2021] EWHC 1117 (Comm)

The English High Court has again upheld the primacy of the "hell or high water provisions" in aviation operating leases, against the twin threats of Coronavirus and the ongoing grounding of the B737-MAX 8 by international regulators. In doing so, it clearly recognised the economics of such contracts and the express
allocation of risk between lessor and lessee.

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