To embed, copy and paste the code into your website or blog: The claimant aircraft manufacturer claimed damages under an aircraft purchase agreement for the non-payment of pre-delivery payments (PDPs) following the defendant’s failure to pay the PDPs and to take delivery of a number of aircraft. The court granted summary judgment in favour of the claimant, and found that the liquidated damages clause in the agreement was not an unenforceable penalty: De Havilland Aircraft of Canada Ltd v SpiceJet Ltd [2021] EWHC 362 (Comm) The defendant entered into an aircraft purchase agreement with the claimant, under which it agreed to buy 25 aircraft. The defendant paid for and took delivery of the first five aircraft, but failed to pay the PDPs in respect of the remaining aircraft and failed to take delivery of the next three aircraft that were due to be delivered.