BAE Systems, Britain’s largest defence contractor, is being sued for £120m after withdrawing support for an aircraft widely used to deliver humanitarian aid. The claim was brought by EnComm Aviation, a Kenya-based cargo operator, which says the decision forced it to cancel major relief contracts and curtailed supplies to countries including South Sudan, Somalia and the Democratic Republic of the Congo.
EnComm alleges BAE breached a duty of care when it withdrew technical and parts support for the Advanced Turbo-Prop (ATP) aircraft. The company says that between March 2023 and last September its ATP fleet transported 18,677 tonnes of aid to Somalia, South Sudan, Tanzania, the DRC, the Central African Republic and Chad. The ATP is suited to remote relief missions because it can operate from short airstrips and carry about 8.2 tonnes per flight.
According to EnComm, BAE’s decision led to the cancellation of several large humanitarian contracts, including a UN programme that was due to fly aid to 12 destinations in Somalia, where some 6.5 million people face acute food insecurity. EnComm’s director, Jackton Obuola, said the move by BAE has cut off life-saving assistance and damaged the company’s business.
Obuola described BAE’s surrender of a certificate that resulted in the ATP being declared unairworthy as virtually unprecedented in aviation history, and said the timing was especially harmful given global cuts to humanitarian relief. Lawyers for EnComm sent a pre-action letter to BAE, referencing emails and meetings that the cargo operator says led it to believe BAE would continue support for at least five years. EnComm says it has been forced to bring the claim to obtain answers in court.
In its claim filed at the UK High Court, EnComm argues the withdrawal of support has left its aircraft effectively worthless and is seeking £120m in losses and damages. BAE Systems, which recently reported record sales of more than £30bn amid rising global defence spending, declined to comment on the ongoing litigation.