Cockerill J has today handed down judgment in Lombard North Central Plc & Anor v Airbus Helicopters SAS. The judgment had to determine a series of points of construction, as well as two limitation points. The Judge determined the points of construction in favour of Lombard and the limitation points in favour of Airbus.
Most notably, the judgment resolves a novel point of French limitation law. The Judge heard expert evidence from French law professors, and ruled on when, under French law, the 5-year limitation period provided for under Article L. 110-4 of the French Commercial Code commences.
The terms of Article L. 110-4 itself, whilst providing for a 5-year period, do not prescribe when that period begins to run. The judgment addresses that question for the following claims:
The judgment is here.
Fionn Pilbrow QC, Jon Scott and Jon Lawrence represented Lombard North Central Plc and NatWest Markets plc, instructed by Sullivan & Cromwell LLP