Summary
In a decision handed down at the end of April, the Commercial
Court, in Wilmington Trust SP Services (Dublin) Ltd and others
v Spicejet Ltd [2021]1, has provided guidance on
the English law doctrines of illegality and frustration. Whilst
this specific dispute relates to overdue aircraft lease payments
and particular government restrictions on the use of Boeing 737-Max
8 aircraft, the Court's findings will be interesting to
others grappling with debtors seeking to rely on Covid-19 related
restrictions in defence of a breach of contract claim.
In Wilmington Trust, the claimant aircraft lessors
sought summary determination of their claims for outstanding
amounts under three lease agreements. In its defence, Spicejet
argued that it was not obliged to pay the monies sought because,
amongst other reasons,
