Case Nos: CL-2022-000294; CL-2022-000557; - [2025] EWHC 2529 (Comm)
Fecha: 06-Oct-2025
Heading

CL-2022-000611; CL-2022-000662;
CL-2022-000697; CL-2023-000148
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before :
MR JUSTICE BUTCHER
Between :
AERCAP IRELAND LIMITED v AIG EUROPE S.A. & OTHERS (CL-2022-000294)
DUBAI AEROSPACE ENTERPRISE (DAE) LTD & OTHERS v LLOYD’S INSURANCE COMPANY S.A. AND OTHERS (CL-2022-000557)
FALCON 2019-1 AIRCRAFT 3 LIMITED v LLOYD’S INSURANCE COMPANY S.A. & OTHERS (CL-2022-000611)
KDAC AIRCRAFT TRADING 2 LTD & OTHERS v CHUBB EUROPEAN GROUP SE & OTHERS (CL-2022-000662)
MERX AVIATION SERVICING LTD & OTHERS v CHUBB EUROPEAN GROUP SE & OTHERS (CL-2022-000697)
GASL IRELAND LEASING A-1 LIMITED v THE UNDERWRITING MEMBERS OF KILN SYNDICATE 510 FOR THE 2021 YEAR OF ACCOUNT & OTHERS (CL-2023-000148)
Russian Aircraft Lessor Policy Claims
Stephen Midwinter KC and Edward Ho (instructed by Herbert Smith Kramer Freehills LLP) for AerCap Ireland Limited
Joseph England (instructed by McGuireWoods London LLP) for GASL Ireland Leasing A-1 Limited
Robert-Jan Temmink KC and Tom Nixon (instructed by Morgan, Lewis & Bockius UK LLP) for Merx Aviation Servicing Limited and others
Andrew Wales KC and Clara Benn (instructed by Holman Fenwick Willan LLP) for AIG Europe S.A. and/or others in their capacity as all risks insurers in the AerCap and Merx Claims
Adam Fenton KC, Keir Howie and Charles Littlewood (instructed by Wikborg Rein LLP) for the Global all risks insurers in the Genesis Claims
Richard Waller KC, Jawdat Khurshid KC, Michael Ryan and Joshua Fung (instructed by Kennedys Law LLP) for Lloyd's Insurance Company S.A. and others in their war risks capacity in the AerCap, Merx and Genesis Claims
Akhil Shah KC, James Duffy KC, Nick Daly and Max Kasriel (instructed by CMS Cameron McKenna Nabarro Olswang LLP) for Tokio Marine Kiln Syndicates 0510 and 1880 for the 2021 year of account and HDI Global Specialty SE in their capacity as war risk insurers in the DAE, Falcon, KDAC, Merx and Genesis Claims
Peter MacDonald Eggers KC, Timothy Kenefick and Rebecca Jacobs (instructed by Reynolds Porter Chamberlain LLP) for Fidelis Underwriting Limited, Fidelis Insurance Ireland DAC and Fidelis Insurance Bermuda Limited
David Peters KC and Daniel Schwennicke (instructed by Clyde & Co LLP) for Chubb European Group SE
Harry Wright and James Goudkamp (instructed by Penningtons Manches Cooper LLP) for Swiss Re International SE
Charles Kimmins KC and Michal Hain (instructed by Kennedys Legal Solutions Pte Ltd) for for Liberty Mutual Insurance Europe S.A and Lancashire Insurance Company (UK) Limited
Hearing dates: 15-16 September 2025
Approved Judgment
This judgment was handed down remotely at 10.00am on 6th October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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MR JUSTICE BUTCHER
- Heading
- MR JUSTICE BUTCHER
- Commencement Date
- It is helpful to recall what was said in Lonestar by Foxton J at [14] - [16]
- Simple or Compound?
- Commencement Date
- AerCap Claim
- Several or Joint liability?
- Impact of Settlements
- Who should bear HFW AR Insurers’ Costs?
- Interest on Costs
- Payments on Account
- Swiss Re
- Merx Claim
- Genesis claim
- Incidence of costs
- Payments on Account
- Swiss Re
- Date of Detailed Assessment
- Permission to Appeal
- Conclusions