BAE Systems sued for £120m over withdrawal of aid aircraft support
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EnComm Aviation has sued BAE Systems for £120m, accusing the defence giant of cutting off technical support for the ATP aircraft type and thereby disrupting humanitarian aid flights to six countries including Somalia, South Sudan and DRC. The Kenya-based carrier says the move forced it to cancel UN aid contracts, harming crisis-hit communities and destroying its business.
EnComm Aviation, a Kenya-based air transport company, has brought a case against BAE Systems in the UK High Court, demanding £120m in compensation. The claimant accuses Britain’s largest weapons manufacturer of breaching a duty of care by withdrawing technical support for the Advanced Turbo-Prop (ATP) aircraft, which EnComm relied on for humanitarian aid missions.
The decision came as BAE Systems reported record annual revenues of more than £30bn, driven by rising global defence spending. EnComm argues that the move severely disrupted the delivery of food, medical supplies and relief aid to conflict and famine-hit regions.
According to the lawsuit, between mid-March 2023 and September 2024 EnComm’s ATP fleet transported 18,677 tonnes of aid to Somalia, South Sudan, Tanzania, the Democratic Republic of Congo, the Central African Republic and Chad. The aircraft is valued for its ability to land on short runways, making it suitable for remote areas, with each flight able to carry up to 8.2 tonnes of cargo.
As a result of BAE’s action, EnComm was forced to cancel several major aid contracts, including a United Nations programme to deliver relief to 12 destinations across Somalia – where 6.5 million people face severe food insecurity. It also lost contracts to supply areas at risk of famine in South Sudan and Somalia.
EnComm Aviation’s managing director, Jackton Obuola, said: “BAE, driven by profit, cut off humanitarian aid to those who need it most, destroying lives and our business.” He described the defence firm’s decision to abandon the ATP’s airworthiness certificate as “almost unprecedented in aviation history”, coming at a time when global humanitarian aid budgets are being slashed.
In a pre-action letter to BAE Systems, EnComm’s lawyers cited emails and meetings with senior BAE executives, indicating that the company had given EnComm confidence it would provide technical support for the ATP fleet for at least five years. However, BAE abruptly revoked the certification, rendering the entire ATP fleet essentially worthless except as scrap.
“We have been forced to take legal action and demand that BAE explain itself in court,” Obuola added. EnComm Aviation is seeking £120m in damages for losses and harm caused.
A BAE Systems spokesperson said: “We do not comment on ongoing litigation.”