Lloyd's Maritime and Commercial Law Quarterly
Rescission as a Limit to Contractual Estoppel
Alexander Trukhtanov*
Aquila v Onur
Aquila WSA Aviation Opportunities II Ltd v Onur Air Tasimacilik AS
1 is by now a familiar aircraft lease case in which a lessee was contractually estopped from pursuing a defence and counterclaim founded on the allegedly defective condition of the leased asset at the time of its original delivery under the lease.2
* Solicitor-Advocate (Civil Proceedings).
1. [2018] EWHC 519 (Comm).
2. Other such cases are Trident Turboprop (Dublin) Ltd v First Couriers Ltd [2008] EWHC 1686 (Comm); [2008] 2 Lloyd’s Rep 581 and Olympic Airlines SA v ACG Acquisition XX LLC [2013] EWCA Civ 369; [2013] 1 Lloyd’s Rep 658, both followed in Aquila.
Case and comment
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