[2025] EWHC 1430 (Comm)

There is a claim by DAE/Falcon in respect of a thrust reverser (MSN 9254001) leased to VIM Airlines. The claim is for US$165,000.

VIM Airlines went into bankruptcy in 2017. On 16 November 2017 DAE terminated the lease due to non-payment by VIM, and for failing to return the Thrust Reverser pursuant to a demand made on 25 October 2017. On 8 December 2020 a decision of the Arbitrazh Court of the Republic of Tatarstan established DAE’s right to possession of the Thrust Reverser.

There was no evidence directed to this Thrust Reverser. A disclosed document indicates that the bankruptcy manager of VIM Airlines indicated in July 2022 that she was ready to transfer the Thrust Reverser to DAE, and also that DAE was given the details of a logistics company which DAE could contact to make arrangements for the transfer of the Thrust Reverser away from Domodedovo Airport. There was no evidence that DAE had sought to recover the Thrust Reverser.

While the evidence is very thin, I concluded that the position in relation to the Thrust Reverser is the same as that for the other aircraft and engines in dispute. I did not understand it to be in issue that GR 311 applied to the Thrust Reverser; and I conclude that it will have been GR 311 which was the operative cause of the Thrust Reverser remaining in Russia; and that this was notwithstanding that the bankruptcy manager of VIM Airlines might have been prepared to transfer it back to DAE.