Bell Lax were instructed by an aviation enthusiast who had built and sold a kit aircraft. The purchaser of the aircraft alleged that Bell Lax’s client had misrepresented the condition of the aircraft prior to the sale. As the alleged defects were only identified more than a year after the sale of the aircraft, Bell Lax’s client robustly denied that there had been anything wrong with the aircraft when sold.
Prior to the sale, an accredited aircraft inspector had approved our client’s construction of the aircraft. As the inspector refused to appear as a witness on behalf of our client, Bell Lax successfully sought permission to rely on a witness summary. This provided crucial evidence of the condition of the aircraft prior to its sale by our client.
Due to the technical nature of the purchaser’s complaints, it was essential for our client to obtain the opinion of an expert. Bell Lax identified a suitable expert, drawing on our carefully maintained directory of professional experts. Our client’s expert identified a significant number of flaws in the alleged list of defects, thereby reducing the value of the claim against our client by around 75%.
Faced with uncertain prospects at trial and the risk of our client being held liable for the purchaser’s costs, we encouraged our client and persuaded the purchaser to mediate the case shortly after the experts had prepared their joint opinion on the claim. Drawing on considerable experience of alternative dispute resolution, we negotiated a satisfactory commercial settlement.
Our client was able to fund his legal costs through his legal expenses insurance policy, after his insurers had authorised Bell Lax to act for him in these proceedings.
