Commercial litigation
Honda Motor Europe Ltd & another v Powell & another
Acted for the sponsoring employer in an application to rectify scheme documentation to record the agreed benefits to be provided to a category of pension scheme members.
Laudamotion GmbH v Deutsche Lufthansa AG
Acted for LaudaMotion (the Austrian airline set up in 2018 and founded by Formula 1 driving legend Niki Lauda) in a highly publicised aircraft leasing dispute with Lufthansa in the Commercial Court. LaudaMotion's success in the case was critical to its ability to continue to operate, as the dispute related to whether Lufthansa could terminate leases on the majority of the aircraft in LaudaMotion's fleet during the height of the summer season.
Insolvency Act proceedings
Acted for an insolvency practitioner investigating accounting irregularities concerning an insolvent company, and advised in relation to a wrongful trading claim against the directors.
Joint venture dispute
Acted for a major listed European company in relation to a complicated joint venture dispute concerning the activities of the joint venture company’s board of directors and several alleged breaches of the governing joint venture agreement.
Contractual disputes
Advised a major European airline in relation to contractual disputes with its ground handling contractors based at various airports around Europe.
Acted for an African airline in relation to a complex and multi-jurisdictional contractual dispute regarding the sale of landing gear to a major global supplier of aviation spare parts.
Advised one of the world's largest aviation catering companies in relation to a dispute regarding the supply of premium catering services to a leading global airline.
Aircraft leasing disputes
Acted for the Lion Air group of companies in Goshawk Aviation Limited & Others v Terra Aviation Network S.A.S & Others in High Court proceedings brought in 2020 by Goshawk in relation to rent defaults caused by the Covid-19 pandemic, including first successful application under the CBIR 2006 for recognition of French conciliation proceedings.
Advised a large European lessor onissues of potential frustration and force majeure in Spring 2020 arising at the start of the Covid-19 pandemic following attempts by the lessee to escape its obligations under a wet-lease.
Disputes with airports
Acted for a major European airline in relation to a dispute with a European airport regarding the classification of routes and the levels of airport charges under an airport services agreement.
Private jet dispute
Assisted the family office of a high net worth individual in respect of a dispute with a manufacturer concerning an inherent defect in the airframe of a private jet .
More: Commercial litigation
Aviation litigation and regulation
Laudamotion GmbH v Deutsche Lufthansa AG
Acted for LaudaMotion (the Austrian airline set up in 2018 and founded by Formula 1 driving legend Niki Lauda) in a highly publicised aircraft leasing dispute with Lufthansa in the Commercial Court. LaudaMotion's success in the case was critical to its ability to continue to operate, as the dispute related to whether Lufthansa could terminate leases on the majority of the aircraft in LaudaMotion's fleet during the height of the summer season.
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.
Aircraft leasing disputes
Acted for the Lion Air group of companies in Goshawk Aviation Limited & Others v Terra Aviation Network S.A.S & Others in High Court proceedings brought in 2020 by Goshawk in relation to rent defaults caused by the Covid-19 pandemic, including first successful application under the CBIR 2006 for recognition of French conciliation proceedings.
Advised a large European lessor on issues of potential frustration and force majeure in Spring 2020 arising at the start of the Covid-19 pandemic following attempts.
Contractual disputes
Advised a major European airline in relation to contractual disputes with its ground handling contractors based at various airports around Europe.
Acted for an African airline in relation to a complex and multi-jurisdictional contractual dispute regarding the sale of landing gear to a major global supplier of aviation spare parts.
Advised one of the world's largest aviation catering companies in relation to a dispute regarding the supply of premium catering services to a leading global airline.
Disputes with airports
Acted for a major European airline in relation to a dispute with a European airport regarding the classification of routes and the levels of airport charges under an airport services agreement.
Private jet dispute
Assisted the family office of a high net worth individual in respect of a dispute with a manufacturer concerning an inherent defect in the airframe of a private jet aircraft.
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.
Advertising queries and investigations
Acted for a European airline in respect of investigations by the Advertising Standards Agency relating to various claims made regarding airline performance as part of national advertising campaigns.
Advised on potential advertising claims prior to broadcasting, to ensure compliance with the BCAP and CAP codes, and assisting with Clearcast approval.
Covid-19
Advising airlines on refunds of flights cancelled due to Covid-19, and in particular, defending a European airline in an investigation by the 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.
Assisting an 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.
Advising an airline on the Covid-19 travel regulations, including reviewing the airline's booking and check-in processes to ensure compliance, updating the airline on changes to the regulations, defending fixed penalty notices, and advising on the Civil Aviation Authority's enforcement powers.
Regulatory and commercial advice
Advised airlines on a variety of commercial and regulatory aspects, including enforcement proceedings, 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, and the ability to continue the uninterrupted operation of air services following Brexit.
Assisting 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.
Reviewing and advising on suggested changes to airlines' General Terms and Conditions of Carriage to either reflect amendments in the regulatory landscape (in particular in light of Brexit and Covid-19), in response to investigations by regulators or to protect against an increase in invalid claims for refunds arising from the Covid-19 pandemic.
Reviewing an airlines' booking process in respect of the 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.
Transport Act proceedings
Advising a European airline in relation tot wo long running investigations (Project Oberon and Project Palamon respectively) by the UK Civil Aviation Authority under section 34 of the Transport Act 200 into the provision by NATS (the main air navigation service provider in the UK) of air traffic control services and air traffic flow management delays at Stansted and Luton Airports.
More: Aviation litigation and regulation
Dispute resolution
Laudamotion GmbH v Deutsche Lufthansa AG
Acted for LaudaMotion (the Austrian airline set up in 2018 and founded by Formula 1 driving legend Niki Lauda) in a highly publicised aircraft leasing dispute with Lufthansa in the Commercial Court. LaudaMotion's success in the case was critical to its ability to continue to operate, as the dispute related to whether Lufthansa could terminate leases on the majority of the aircraft in LaudaMotion's fleet during the height of the summer season.
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.
Aircraft leasing disputes
Acted for the Lion Air group of companies in Goshawk Aviation Limited & Others v Terra Aviation Network S.A.S & Others in High Court proceedings brought in 2020 by Goshawk in relation to rent defaults caused by the Covid-19 pandemic, including first successful application under the CBIR 2006 for recognition of French conciliation proceedings.
Advised a large European lessor on issues of potential frustration and force majeure in Spring 2020 arising at the start of the Covid-19 pandemic following attempts.
Contractual disputes
Advised a major European airline in relation to contractual disputes with its ground handling contractors based at various airports around Europe.
Acted for an African airline in relation to a complex and multi-jurisdictional contractual dispute regarding the sale of landing gear to a major global supplier of aviation spare parts.
Advised one of the world's largest aviation catering companies in relation to a dispute regarding the supply of premium catering services to a leading global airline.
Disputes with airports
Acted for a major European airline in relation to a dispute with a European airport regarding the classification of routes and the levels of airport charges under an airport services agreement.
Private jet dispute
Assisted the family office of a high net worth individual in respect of a dispute with a manufacturer concerning an inherent defect in the airframe of a private jet aircraft.
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.
Advertising queries and investigations
Acted for a European airline in respect of investigations by the Advertising Standards Agency relating to various claims made regarding airline performance as part of national advertising campaigns.
Advised on potential advertising claims prior to broadcasting, to ensure compliance with the BCAP and CAP codes, and assisting with Clearcast approval.
Covid-19
Advising airlines on refunds of flights cancelled due to Covid-19, and in particular, defending a European airline in an investigation by the 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.
Assisting an 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.
Advising an airline on the Covid-19 travel regulations, including reviewing the airline's booking and check-in processes to ensure compliance, updating the airline on changes to the regulations, defending fixed penalty notices, and advising on the Civil Aviation Authority's enforcement powers.
Regulatory and commercial advice
Advised airlines on a variety of commercial and regulatory aspects, including enforcement proceedings, 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, and the ability to continue the uninterrupted operation of air services following Brexit.
Assisting 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.
Reviewing and advising on suggested changes to airlines' General Terms and Conditions of Carriage to either reflect amendments in the regulatory landscape (in particular in light of Brexit and Covid-19), in response to investigations by regulators or to protect against an increase in invalid claims for refunds arising from the Covid-19 pandemic.
Reviewing an airlines' booking process in respect of the 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.
Transport Act proceedings
Advising a European airline in relation tot wo long running investigations (Project Oberon and Project Palamon respectively) by the UK Civil Aviation Authority under section 34 of the Transport Act 200 into the provision by NATS (the main air navigation service provider in the UK) of air traffic control services and air traffic flow management delays at Stansted and Luton Airports.
Honda Motor Europe Ltd & another v Powell & another
Acted for the sponsoring employer in an application to rectify scheme documentation to record the agreed benefits to be provided to a category of pension scheme members.
Insolvency Act proceedings
Acted for an insolvency practitioner investigating accounting irregularities concerning an insolvent company, and advised in relation to a wrongful trading claim against the directors.
Joint venture dispute
Acted for a major listed European company in relation to a complicated joint venture dispute concerning the activities of the joint venture company’s board of directors and several alleged breaches of the governing joint venture agreement.
Negligent drafting of pension scheme documents
Acting for a major UK professional body in relation to claims against its former professional advisers concerning negligent advice given in respect of pension scheme documentation.
Negligent pensions advice and administration
Acting for a global consultancy firm in relation to claims made against it in connection with the provision of allegedly negligent pensions advice and professional services.
More: Dispute resolution
Professional and management liability
Negligent drafting of pension scheme documents
Acting for a major UK professional body in relation to claims against its former professional advisers concerning negligent advice given in respect of pension scheme documentation.
Negligent pensions advice and administration
Acting for a global consultancy firm in relation to claims made against it in connection with the provision of allegedly negligent pensions advice and professional services.
More: Professional and management liability