ACASS Ireland Sues Businessmen Over Jet Management Dispute
Irish aircraft management firm ACASS Ireland Ltd, based in Shannon, has initiated legal action against two businessmen, Tommy Kelly and Barry English, over a contentious agreement involving a Cessna 560 XLS Plus. The dispute centers around a contract signed in October 2022, where Kelly and English’s company, Amborella Ltd, agreed to have ACASS manage their private jet for a five-year term.
According to reports from the Irish Examiner, ACASS is seeking €1.19 million ($1.24 million) from Amborella Ltd, while Amborella has filed a counterclaim for €2.2 million ($2.3 million). The beneficial owners of Amborella, Kelly and English, are prominent figures in Ireland’s business community. Kelly is recognized as one of Ireland’s wealthiest tech entrepreneurs, and English is known for his ventures in building data centers.
The initial agreement stipulated that Kelly and English would use the Cessna 560 XLS Plus as needed, and when not in use, ACASS would charter the aircraft on an ad hoc basis to offset its ongoing costs. However, during a review in December 2023, ACASS identified significant maintenance requirements for the aircraft in 2024, estimated to exceed €500,000 ($522,000). The aircraft in question, identified by ch-aviation research as EJ-PRLN (msn 560-6003), has remained under ACASS management since December 2022.
Amborella Ltd made a partial payment of €100,000 ($104,000) towards the maintenance costs but subsequently sought to transfer the aircraft to a Hamburg-based management firm before the end of the five-year term. ACASS agreed to the transfer but demanded repayment of €933,000 ($973,000) for the outstanding maintenance expenses and other related costs. This amount has since increased to €1.19 million.
During a hearing on January 27, 2025, in Ireland’s Commercial Court, both parties agreed to pursue mediation to resolve the dispute. Counsel for Amborella contested the €1.19 million claim, arguing that the maximum value of ACASS’s claim should be €709,000 ($740,000). Justice Mark Sanfey agreed to expedite the case, setting a listing date in March 2025 to determine whether mediation would suffice or if the matter would proceed to court.
The legal battle highlights the complexities involved in aircraft management agreements, particularly concerning maintenance obligations and financial liabilities. ACASS Ireland’s pursuit of compensation underscores the significant costs associated with maintaining private jets and the potential financial risks for both management firms and aircraft owners.
Tommy Kelly and Barry English’s decision to transfer the aircraft management to a different firm before the contract’s expiration has been a central point of contention. ACASS argues that the abrupt change disrupted their ability to manage and charter the aircraft effectively, leading to increased maintenance costs and financial losses.
As the case moves forward, the outcome will likely have broader implications for the aircraft management industry in Ireland, setting precedents for how such disputes are handled and resolved. The involvement of high-profile businessmen like Kelly and English also brings additional attention to the case, highlighting the importance of clear contractual agreements and the potential consequences of unilateral changes.
Both ACASS Ireland and Amborella Ltd are poised to present their arguments in the upcoming March court listing. The aviation community and legal experts will be watching closely to see how the court addresses the financial and operational responsibilities outlined in the original management agreement.
In the meantime, the aircraft in question, EJ-PRLN, remains registered in Ireland and continues to be managed by ACASS. The resolution of this dispute will determine the future management and operational direction of the Cessna 560 XLS Plus, impacting both parties involved and potentially influencing future aircraft management contracts in the region.
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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com