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United Kingdom
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Aviation finance: key English cases on aircraft purchases, mortgages and enforcement, operating leases, jurisdiction, and Ukraine-related insurance and sanctions

Practice notes
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This Practice Note highlights significant cases and related materials pertinent to aviation finance. The cases are arranged by topic for ease of reference.

Key cases relating to purchasing an aircraft

Odyssey Aviation Ltd v GFG 737 Ltd - aircraft sale and purchase agreement; termination; buyer alleges breach of warranty as to title and breach of conditions precedent; seller also seeks to terminate the sale and purchase agreement [2019] EWHC 1927 (Comm)

On 28 May 2018, Odyssey Aviation Ltd (Odyssey) and GFG 737 (GFG) entered into an Aircraft Sale and Purchase Agreement (APA). Under the APA, Odyssey agreed to sell, and GFG agreed to purchase, a Boeing Business Jet B737-72U (the Aircraft) for US$30m. The APA was governed by English law. Before the APA was concluded, on 23 April 2018, GFG paid a refundable holding deposit into an escrow account. The delivery under the APA was scheduled for 19 July 2018. On 20 July 2018, GFG purported to terminate the APA on two grounds:

  • firstly, that Odyssey had breached its warranty as to title to the aircraft in clause 6.1 of the APA; and
  • secondly, that a number of conditions precedent set out in clause 2.4...
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Web page updated on 27/05/2026

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