CBD Aviation Lease Finance DAC & Ors v Llyod's Insurance Company S.A & Ors (Approved)

�������������������������������������������������� Neutral Citation Number [2023] IECA 273

ALL UNDERWRITING THROUGH AND AS PART OF THE GLOBAL AEROSPACE UNDERWRITING MANAGERS (EUROPE) SAS POOL

             �The respondents in the six sets of proceedings are Irish aircraft lessors.� Until early 2022, each had leased aircraft to Russian airlines.� They claim that following the invasion and the introduction of sanctions by the European Union, the United Kingdom, and the United States of America, they terminated the leases and sought the return of the aircraft.� The vast majority of the aircraft have been unlawfully retained in Russia.

             In response, the respondents rely on the �grip of the peril� doctrine - a doctrine established in English law derived from marine insurance - arguing that even if the aircraft were not lost until after cover was excluded in respect of Russia by the service of the various notices, they were in the grip of one or more insured peril and as such they are entitled to indemnity for the losses.

             McDonald J. in the High Court directed the appellants to make discovery of category 1(ii)(b) as follows:-