Aviation
Chloe is a specialist aviation lawyer who has broad experience of aviation litigation, commercial and regulatory matters.
Aircraft repossession
Advising a number of aircraft lessors in relation to the repossession of aircraft operated by Thomas Cook Airlines following the airline’s demise in 2019.
Airport slots
Advising a leading airline regarding airport slots previously used by Monarch Airlines prior to its administration in 2017. Also advising a number of airlines on a variety of slot-related issues involving the UK’s slot coordinator.
Aviation / commercial litigation
- Representing the Austrian airline Lauda in English Commercial Court litigation against Lufthansa AG relating to an aircraft leasing dispute arising out of the administration of the Air Berlin and Niki airlines.
- Defending the leading low fares airline Ryanair DAC in a dispute brought against it by NATS concerning air navigation charges.
- Representing Ryanair DAC in English Commercial Court litigation involving the car hire company Hertz Europe Limited, a case that was listed as one of The Lawyer’s top 20 cases for 2018.
- Defending the avionics manufacturer Honeywell in English Commercial Court litigation following a fire involving a B787 aircraft whilst on the ground at Heathrow in July 2013 (Ethiopian Airlines Enterprise v. Honeywell Limited - Honeywell Limitée & otrs).
- Representing a UK flag carrier in English Commercial Court litigation arising out of the re-accommodation of passengers on another airline following a pilots' strike.
- Representing a major Chinese carrier in the successful defence of high value litigation in the English Commercial Court, Court of Appeal and UK Supreme Court brought by the purchaser of the carrier's redundant A300 aircraft (Tigris International NV v. China Southern Airlines Company Ltd & otr [2014] EWCA Civ 1649; [2013] EWHC 2211 (Comm)).
- Defending the UK low cost carrier bmibaby at the quantum stage of English High Court proceedings concerning a commercial dispute with an airport in relation to the airline's decision to withdraw from that airport (Durham Tees Valley Airport Limited v. bmibaby Limited & otr).
Aviation regulatory and commercial advice
Advising airlines on a variety of aviation commercial and regulatory aspects including with reference to the entering into and termination of contracts with entities such as MROs, ground handlers and catering companies, advice on the Chicago Convention and associated ICAO Annexes, high-level advice on passenger claims under EC Regulation 261/2004 and the Montreal Convention 1999, advice concerning passengers with reduced mobility, ATOL and the Package Travel Regulations 2018, advice on EU regulations such as EC Regulation 1008/2008 and EU-OPS, and issues relating to air accident and incident investigation, surface damage caused by aircraft, and unruly passengers.
Brexit
Advising airlines on a variety of matters concerning the UK’s exit from the European Union including those relating to ownership and control, traffic rights, pilot and cabin crew licensing and medical certificates, aircraft leasing, validity of maintenance approvals and licences, and amendments to various EU regulations following incorporation into UK law.
Fatal aviation accidents
- Representing a major helicopter manufacturer in relation to the accident involving an EC135 T2+ helicopter and the Clutha bar in Glasgow in November 2013.
- Defending claims for PTSD brought in the Scottish courts against a major helicopter manufacturer and arising out of two separate incidents of Super Puma helicopters ditching in the North Sea in 2012.
- Representing a major helicopter manufacturer in a Fatal Accident Inquiry arising out of the accident involving a Super Puma L2 helicopter in the North Sea in 2009.
Judicial review
Representing Ryanair DAC in judicial review proceedings brought against the UK Civil Aviation Authority in the English Administrative Court relating to the Alternative Dispute Resolution (ADR) scheme administered by the CAA relating to passenger claims.
MAX 737 groundings
Advising an airline and an aircraft lessor in relation to various issues arising out of the Boeing MAX 737 groundings including with reference to the air accident investigation process and aircraft leases.
Part 8 Enterprise Act enforcement proceedings
Defending Ryanair DAC in Part 8 Enterprise Act 2002 enforcement proceedings brought by the UK Civil Aviation Authority in the English High Court concerning EC Regulation 261/2004 and the union-led strikes that affected Ryanair’s operations in 2017 and 2018.
Transport Act proceedings
Advising a European airline in relation to Transport Act 2000 proceedings involving NATS’s air traffic control services provided at Stansted Airport.