Aviation litigation and regulation

Lessor and lessee disputes regarding non payment of rent

Acting for an Indian lessee regarding the continuing operation and return of its entire fleet where there were multiple instances of default under their operating leases. This required repeated renegotiation of redelivery conditions and lease terms.

Acting for a UK based lessor on termination rights and other remedies due to the non-payment of rent and maintenance reserves under multiple finance leases.

General Aviation experience

Most recently a claim in Greece that included complex personal injury claims, repair to the aircraft and ground damage to individuals and government property.

Sensitive personal injury claims involving minors and vulnerable passengers

Advising a number of major airlines and travel companies on claims arising from personal injuries during carriage by air with particular expertise regarding Unaccompanied Minors and Passengers with Reduced Mobility.

Air India Express Flight 812

Acted for the airline and their insurers in relation to passenger and crew claims following the constructive total loss of the aircraft. Day to day handling of claims, including issues regarding the minimum level of damages payable that resulted in proceedings before the Indian Supreme Court.

Contractual disputes

Advising a legacy European in relation to the sale of five aircraft to be converted from passenger to cargo aircraft. Issues included challenges to certification, record keeping and safety protocols. The dispute was, simultaneously, litigated in the High Court and mediated.

Malaysian Airlines Chemical spillage

Obtaining the largest civil award in China (US$65m) in respect of constructive total loss of aircraft due to undeclared dangerous, corrosive and toxic chemicals being carried as cargo on a passenger aircraft. Proceedings brought against, amongst others, freight forwarders, ground handlers and certifying authority.

General regulatory and commercial advice

Advising airlines on a variety of regulatory and commercial aspects including:

• the transportation of Assistance/Service animals (in respect of EU, EEA and the USA)
• the setting up of a new airline
• the setting up of a new route for an established US carrier into Europe, including advice on slots

EC Regulation 261/2004

Extensive experience of representing a significant number of low-cost carriers in defending claims arising from EC Regulation 261/2004.

Conditions of carriage

Reviewing and redrafting a major trans-Atlantic airline on the applicability of international carriage by air conventions and applicable EU regulations.

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