In our team, we have decades of accumulated experience acting for:
- airlines
- lessors
- financiers and the major transportation banks
- insurers
- maintenance repair and overhaul organisations
- airports
- airline associations.
This experience means our aviation litigation lawyers have a 360 degree understanding of how the aviation industry works, and can leverage that knowledge and experience to the benefit of clients without any re-invention of wheels or cost inefficiencies.
Our approach is driven by listening to our clients’ commercial objectives, making sure we understand what it is they want to achieve, within what timeframe, at what cost, and resourcing the job with the right team.
Our aviation litigation team is regarded by the legal directories as one of the leading teams in the UK. We have dealt with all types of disputes, in English and foreign courts, and in domestic and foreign international arbitration proceedings, ranging from redelivery disputes and repossessions to commercial disputes with third party suppliers and major accidents and incidents. We are also regularly called upon to give advice on regulatory issues affecting airlines, including by way of example EC 261 claims, state aid, competition, foreign ownership rules, and EU blacklisting.
"Stephenson Harwood stands out as a firm specialised in aviation and one of the top firms in London."
Chambers UK 2022
Covid-19 and sanctions
Advising a number of airlines and lessors on payment and other events of default, payment deferrals, lease extensions, restructuring of lease terms, grounding notices, repossession options and lease termination and enforcement.
Redelivery disputes
Acted for numerous lessors and airlines in redelivery disputes litigated in the High Court in London and in international arbitrations involving return conditions of both engines and airframes, maintenance reserves, LLP values, qualification of shop visits, ”fair wear and tear” exceptions, back to birth traceability of records, engine thrust upgrades etc.
Compliance
Advised on compliance with various EU Regulations, and equivalent retained legislation in the UK post-Brexit, including ETS, EC Reg 1008/2008, the PRM Regulation, state aid, consumer protection legislation, competition cartel and alliance issues, price fixing investigations, disputes with airports, slots advice and transfers, EU blacklist work and regulatory safety compliance, ground handling disputes.
Airline regulation
Advised on numerous regulatory issues including judicial reviews of the UK Government's 'traffic light' system and of the CAA's amendment of ACP 1324 (policy for ADR applicants and approved ADR entities), as well as EC 261 claims at appeal level, including acting for Ryanair in the enforcement action brought by the CAA in relation to delays suffered as a result of crew strikes in the summer of 2018. We have also advised major European airlines on issues relating to Part-145 and Part CAMO.
Accident and major air disaster investigations
Acted on numerous accident investigations, major air disasters-including the Lockerbie investigation and trial, and other high profile accidents and incidents.
Suppliers and manufacturers disputes
Acted in commercial disputes for airlines against all manner of suppliers, OEMs and manufacturers.
Restructuring and insolvency
Acted for both lessors and airlines on repossessions, restructuring and insolvency disputes.
Late aircraft redelivery
Acted in the landmark Commercial Court case of Pindell and BBAM v Air Asia concerning claims brought by lessor for the loss of an onward sale contract arising from the late redelivery of the aircraft.
Deep vein thrombosis litigation
Acted for airlines in the worldwide deep vein thrombosis litigation brought by claimants in the UK, US and Australia.