Cathay Pacific Airways Ltd v Lufthansa Technik AG
| Jurisdiction | England & Wales |
| Judge | John Kimbell |
| Judgment Date | 10 July 2020 |
| Neutral Citation | [2020] EWHC 1789 (Ch) |
| Date | 10 July 2020 |
| Docket Number | Case No: BL-2018-002348 |
| Court | Chancery Division |
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2 cases
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Bank of Scotland Plc v Peter Lisney Hoskins
...been held that that decision does not establish any new principle of law. In Cathay Pacific Airways Ltd v Lufthansa Technik AG [2020] EWHC 1789 (Ch), Deputy Judge John Kimbell QC said: “197. … Both Yam Seng and Sheikh Tahnoon are applications of the general law of implied terms as restated......
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Portobello Productions Ltd v Sunnymarch Ltd
...same order as John Kimbell KC, sitting as a Deputy Judge of the Chancery Division, in Cathay Pacific Airways v Lufthansa Technik AG [2020] EWHC 1789 (Ch). The approach he adopted was to ask first whether the term could be implied applying the general principles set out in Marks & Spencer P......
3 firm's commentaries
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Good Faith in English Contract Law
...held that no term was to be implied on either basis, principally because the language of the contract was clear.14. [2020] EWHC 5815. [2020] EWHC 1789 (Ch)16. [2020] EWHC 922 (Comm)Madalena M....
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Termination Rights In The Event Of Insolvency: Where Are We Now With Ipso Facto Clauses; Are They Still A Potent Weapon In A Creditor's Armoury
...Bratani Ltd v Rockrose [2020] EWHC 58 (Comm), Monk v Largo [2016] EWHC 1837 and Cathay Pacific Airways Ltd v Lufthansa Technik AG [2020] EWHC 1789 (Ch). While arguments based on good faith are unlikely to succeed, there are alternatives that given the right combination of facts may succeed.......
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Good Faith And Maintenance Agreements
...Pacific Airways Limited v Lufthansa Technik AG [2020] EWHC 1789 (Ch) John Kimbell QC, sitting as a Deputy High Court Judge in the Chancery Division, decided a dispute under a long-term contract for the maintenance, repair and overhaul of aircraft engines ("the Contract"). The ten-year term ......