Olympic Airlines SA versus ACG - analysis of the appeal reasoning
The unanimous decision of the Court of Appeal in Olympic Airlines SA v ACG Acquisition XX LLC [2013] EWCA 369 to dismiss Olympic Airlines’ appeal from the High Court has given guidance on the interpretation of some delivery and condition clauses commonly used in aircraft operating leases. Apart from the timely consideration of the meaning of the term 'airworthy', the reasoning behind Tomlinson LJ's judgment means that little of Teare J’s High Court analysis of the condition and delivery clauses of the lease will continue to be useful, writes LAURENCE HANLEY.

Subscribe to (or Renew) Aviation Finance

At an annual cost of just €220 (or USD/GBP/CNY equivalent), a subscriber gets:

- A fortnightly E-zine distributed on pc/mobile/tablet platforms with unique commentary and analysis by the global industry thought leaders on the most important issues affecting the financing of commercial aircraft and airlines

- 24/7 access to aviationfinance.aero with over 1,200 archived articles written since 2011 providing an encyclopedic insight to the aircraft finance and leasing sector; access to the Aviation Finance online reference library on aircraft economics, and aircraft financing, highlighting and identifying key findings from our original research on aircraft economics and finance as they are published;

- AviationFinance.aero is a subscription-only analysis of aircraft financing and provides investors and executives in the OEM, airline, investment, banking, leasing, airport and aviation services industries with unique insights into opportunities in the global aviation complex. Your one year subscription (25 issues) will include full access to all articles and information services on the website and the publication circulated by email to subscribers every second Thursday.

Enter your email address in the box and the subsequent steps will enable you to subscribe or renew your subscription securely without delay, providing you with immediate access to Aviation Finance and aviationfinance.aero.

Low Risk : Our low risk subscription Guarantee enables you to cancel at any time during your annual subscription year and reclaim the unexpired portion of your subscription.

Login

If you are already a subscriber Login here. You can change your Login password by clicking the 'My Details' option in the dropdown menu (which appears when you are logged in) at any time to an easily remembered word or combination of your choice. You can change it whenever you wish by following the instructions in the dropdown. (If you have forgotten your password click here to retrieve your password.)

Subscribe


Your Details