Charles Dougherty KC and Lucas Fear-Segal acted for aviation insurers in the first substantive appeal ever to be heard by the Abu Dhabi Global Markets Court of Appeal. The US$60m claim related to a large private jet which was badly damaged in a hail storm in Italy. The issues on appeal were (1) whether the policy covered not only the cost of repair, but also any diminution in value of the aircraft; and (2) the limits applicable to rental of replacement aircraft. The Court of Appeal (Lord Hope, Justice Kenneth Hayne and Sir Peter Blanchard) found for insurers on both issues.
The judgment is available here.
Charles and Lucas were instructed by Kennedys Dubai. Gavin Kealey KC and Michael Ryan acted for the aircraft owners, instructed by Al Tamimi.