Kathryn Ward
Consultant
Kathryn is a Legal 500 “Hall of Fame” ranked aviation lawyer with 25 years’ experience in representing airlines, airports and aviation service providers in complex contractual disputes, in the Commercial Court, High Court and international arbitration, arising out of aircraft ownership, repossession, alleged breach of leases and airport terms of use.
Awards & Recognition
Biography
Languages - English, Spanish
Jurisdiction - England and Wales
She has particular experience in regulatory matters and consumer rights including defence of claims involving IATA regulations and resolutions, CAA enforcement actions brought by reference to Montreal Convention 1999, Regulations 261/2004 and 1107/2006 (as amended following Brexit) and the European Accessibility Act. Aviation insurance work forms a large part of Kathryn’s practice and she is regularly instructed by London based insurers on post-accident legal liability for airlines, operators, product manufacturers and MROs in claims involving product liability, ground handling including IATA standards, general aviation and insurance coverage.
Experience
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Commercial litigation
Defending a Cuban lessee and its parent guarantor in a claim by the lessor for breach of six AN-158 leases, and a counter claim for frustration based on the aircraft being unairworthy at delivery.
Defended a UK carrier in a claim for failure to pay agreed rates under a re-protection agreement regarding the involuntary re-booking of passengers under IATA Resolution 735d.
Represented a UK carrier in a dispute with lessors of various aircraft for failure to deliver the aircraft by the final delivery dates which thwarted the operation of its summer programme.
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Regulatory
Advised a UK carrier on its compliance with the Mazur -v- Charles Russell Speechlys decision in the structure of its team and use of legal assistants in the defence of passenger claims.
Advised a leading aircraft manufacturer on its regulatory obligations relevant to the operation of hydrogen powered test flights as part of its alternative fuel strategy.
Represented a Middle Eastern carrier in its response to threatened enforcement action by the UK CAA in respect of its missed connection claims policy, including negotiation of a solution.
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Consumer
Represented a UK carrier in multiple claims brought worldwide following the cancelation of bookings for unilateral mistake due to pricing errors made when filing first class fares.
Advised a Middle East carrier on its obligations under the EU Accessibility Act in respect of flights operating out of the EU.
Managing a team in the defence of passenger claims involving Montreal Convention 1999, Regulation 261/04 and 1107/06, and consumer rights including in the Court of Appeal.
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Aviation liability
Represented Aerocaribbean and its insurers in the crash of an ATR 72-212 Reg CU-T 1549 due to icing conditions, during a flight from Santiago to Havana, killing all 68 occupants.
Representing Cubana de Aviacion and its insurers in the crash of a Global Air operated B737 200 upon take off at Jose Marti International Airport, Havana.
Defending an Indonesian ground handler in claims against it by two carriers which collided on the runway at Halim Perdanakusuma International Airport, Jakarta.
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Product liability
Represented a major helicopter manufacturer in respect of the heavy landing of a helicopter operated by the Cayman Police Force causing injury to two occupants.
Represented a major helicopter manufacturer in respect of the crash of a helicopter during hydraulics off flight training causing the death of the student and injuries to the instructor.
Represented a major helicopter manufacturer in respect of death claims and hull claim arising out of the crash of a H125 helicopter off the coast of Norway in April 2016.
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Aviation insurance coverage
Represented reinsurers of various Russian operators/lessors in multi-billion dollar claims against them for loss of aircraft following the failure by Russian operators to return aircraft upon termination of the leasing as a result of the conflict between Russia and Ukraine.
Representing reinsurers of the Argentine Province of Santiago del Estero in a coverage claim involving the fatal crash of two helicopters during filming of a French reality TV programme.
Representing the directors of various insurers in the ongoing threat of criminal proceedings arising out of the crash of a Hawker Siddeley 748 aircraft in Africa.
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General aviation
Advised insurers of the operator of an Alpi Pioneer 400 aircraft which crashed on approach to Popham Airfield, killing all occupants.
Advised insurers of the operator of a SOCATA TBM 700A aircraft which crashed on a flight from Kempen Airport in the Netherlands to Mandelieu Airport in France.
Represented the pilot of an MD Skyraider aircraft in a collision with a Mustang at an air show in Malta.
