Aviation

Highlights of our experience:

• Advised Ryanair DAC and Ryanair UK Limited in a high profile multi-jurisdictional competition claim brought by one of the largest UK online travel agents, On the Beach Limited, in the Competition list of the High Court. On the Beach alleged that Ryanair had commenced a smear campaign against the online travel agent, which interfered with its business. It was also alleged, that Ryanair abused its dominant position in relation to its flight time and pricing information by only allowing passengers to book Ryanair flights directly through Ryanair's website.
• Successfully obtained summary judgment within 5 months against the third-largest Indian airline, SpiceJet, for over US$11 million in unpaid aircraft lease rent owed to lessor, Alterna Aircraft V B Limited, and defeated SpiceJet’s request for a stay of execution.

To see all our team's expertise, please visit our Aviation Disputes page.

Highlights of our experience:

• Advised on the purchase, passenger-to-freighter conversion and subsequent leasing of 10 Airbus A330 aircraft to a prominent American operator. This remains one of the biggest, and most complex passenger-to-freighter deals done in the market to-date.
• Advised on the pre-delivery payment financing, purchase and leasing of 4 Airbus A320neo aircraft with a Latin American operator. The operator moved into insolvency proceedings immediately prior to ex-factory delivery of the aircraft and we worked closely with our leasing company client and Airbus to enforce security under the financing, exercise step-in rights and take delivery of the aircraft for onward leasing to a third-party operator.
• Advised on the portfolio sale and outbound transfer of 37 Boeing and Airbus aircraft on lease to 15 airlines. This transaction involved significant project management and a deep understanding of cross-border legal and administrative considerations to close.

To see all our team's expertise, please visit our Finance, Leasing and Advisory page.

Highlights of our experience:

• Advised airlines on the merits of a defence of “extraordinary circumstance” and the obligation to refund passengers in each circumstance; on the validity of terms in the Conditions of Carriage requiring passengers to approach airlines directly with claims for compensation and the effect of passenger non-compliance; on issues of assignment of claims for compensation, and specifically the validity and effect assignments to claims management companies; on potential enforcement actions from the Civil Aviation Authority and EU Consumer Protection Network; merits of setting aside default judgment and advice on any enforcement action by the County Court and High Court Enforcement Agents; and defending chargebacks issued by passengers and online travel agents under the Visa and Mastercard scheme rules claiming refunds for cancelled flights.
• Advised airlines in relation to disruptive passenger incidents, which included considering the merits of prosecution, preparing and liaising with local police to submit police reports; considering the recoverability of costs associated with the disruption on the flight; amending general conditions of carriage to protect the carrier and crew from such incidents, and preparing and implementing policies and training for crew, and advising on the rights of the carrier, namely denying boarding or banning a passenger from future flights.
• Advised airlines on business and operational continuity issues, including airport slots, traffic rights, licensing and approvals, air operations and continuing airworthiness requirements, and impact of sanctions.

To see all our team's expertise, please visit our Regulation and Compliance page.

Highlights of our experience:

• Advised a major European airline in relation to an advertising campaign highlighting the airline's environmental performance and acting for the airline in a resulting investigation by the UK’s Advertising Standards Agency.
• Advised in conjunction with Japanese counsel on the legal framework regulating drone package delivery in Japan, implications of the use of drone for deliveries in Japan, legal aspects to be wary of in operating flights over Tokyo in particular by unmanned or remote controlled vehicles.