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.
Represented Ryanair in challenging the interpretation of EC Regulation 391/2013 concerning the common charging scheme for air navigation charges in light of the Chicago Convention, ICAO Annex 8, and ICAO's policies and guidance.
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 regulatory aspects including with reference to advice on the Chicago Convention and associated ICAO Annexes, UK aviation law, regulations and guidance, 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 UK Package Travel and Linked Travel Arrangements 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.
Reviewing an airline's booking process in respect of the UK Consumer Protection from Unfair Trading Regulations 2008 and EC Regulation 1008/2008, and advising on changes to ensure compliance, whilst at the same time, assisting airlines in making complaints about unauthorised online travel agents that fail to comply with the abovementioned regulations.
Advising in relation to a contract for the Alternative Dispute Resolution (ADR) scheme administered by the UK Civil Aviation Authority relating to passenger claims.
Brexit
Advised airlines on a variety of matters concerning the UK's exit from the European Union including those relating to ownership and control and the setting up of a new UK airline, new cabin baggage policies, initial and continuing airworthiness requirements, air operations, flight and cabin crew and maintenance personnel licences, traffic rights and the ability to continue the uninterrupted operation of air services, and amendments to various EU regulations following incorporation into UK law.
Covid-19
Advised airlines on the Covid-19 travel regulations, including reviewing the airlines' booking and check-in processes to ensure compliance, updating the airlines on changes to the regulations, defending fixed penalty notices, and advising on the UK Civil Aviation Authority's enforcement powers.
Advising airlines on refunds of flights cancelled due to Covid-19, and in particular, defending a European airline in an investigation by the UK Competition and Markets Authority into the airline's refund practices and procedures for cancelled flights, and representing the same airline in an investigation carried out by the EU Consumer Protection Cooperation network.
Chargebacks
Assisting a leading airline in defending thousands of chargebacks issued by unauthorised online travel agents under the Visa, Mastercard and American Express scheme rules for refunds of cancelled flights.
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.
Acted for Ryanair DAC, an Interested Party, in the judicial review proceedings brought by Manchester Airport Holdings Limited against the Secretary of State for Transport and the Secretary of State for Health and Social Care in respect of the ongoing reviews to allocate foreign countries to categories under the UK traffic light system regulating international travel.
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.
Online travel agents / screen scraping litigation
Acting for Ryanair in ongoing complicated and high value litigation in the English High Court brought by two online travel agents, On The Beach and Travel Republic, involving complex issues of competition law and the application of the UK Package Travel and Linked Travel Arrangements Regulations 2018.
Part 145 agreements
Advising a major international airline with the creation and structuring of a pan-European network of MROs operating under a UK Part-145 and EASA foreign Part-145 group approval and putting into place the necessary contractual framework.
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 and Court of Appeal and UK Supreme Court concerning EC Regulation 261/2004 and the union-led strikes that affected Ryanair's operations in 2017 and 2018.
Transport Act proceedings
Advised a European airline in relation to UK Transport Act 2000 proceedings involving NATS's air traffic control services provided at London Stansted.