Nicola Fenton
Of Counsel
Nicola is an Aviation Litigation and Disputes Resolution lawyer based in London, advising airlines, operators and lessors, focussing her practice on contentious and regulatory issues.
Of Counsel
Nicola is an Aviation Litigation and Disputes Resolution lawyer based in London, advising airlines, operators and lessors, focussing her practice on contentious and regulatory issues.
Language - English
Jurisdiction - England & Wales
She advises on a wide range of issues including disputes relating to aircraft leasing and financing, contractual issues/disputes, redelivery disputes. Her experience also extends to helping airlines navigate EU and domestic regulations, advising clients on regulatory issues and claims within the aviation and travel industry, including in respect of Regulation 261, the Package Travel Regulations and Montreal Convention. She has a deep understanding of the aviation industry and can provide strategic advice to resolve disputes efficiently and effectively. She regularly handles claims at all levels from County Court, High Court, Commercial Court and Court of Appeal.
Nicola also has experience in aviation insurance and reinsurance, having acted for insurers in the recent Russian litigation following Russia’s invasion of Ukraine in involving claims by airlines under their C&P and Operator policies.
Nicola joined Stephenson Harwood in 2025, having practiced previously with several international law firms.
Lease dispute
Representing lessor on high-value dispute arising out of a claim for maintenance reserve payments accrued prior to novation of a lease and subsequent redelivery.
Acting for claimant airline in respect of breaches to 2 damp leases, pertaining to four aircraft for use in the airline’s operation claiming damages for breach of contract and declarations for the airline to be indemnified in respect of compensation, costs and losses.
Contractual dispute (supplier)
Acting for and advising Qatar Airways in Optimares S.p.A. v Qatar Airways Group Q.C.S.C. [2022] EWHC 2461 (Comm) to successfully defend a claim for over US$20 million by a seat manufacturer and successfully bringing a counterclaim for reimbursement of advance payments.
Contract dispute / Regulatory
Acting for defendant airline in proceedings in relation to issues of assignment and effectiveness or whether it is ineffective for reasons of champerty and/or maintenance and interplay with the defendant airline’s terms and conditions (settled before trial).
Procedural dispute / class action
Acting for defendant airline subject to Part 8 proceedings seeking strike out. Dealing with issues relating to of the use and suitability of Part 8 and whether proceedings have been commenced properly, the suitability of the case as a representative action and issues of champerty and maintenance
Regulatory
Acting for several airlines in respect of numerous passenger claims arising out of Regulation 261/2004 and the Montreal Convention, including:
Acting for and advising a number of airlines in relation to (a) the validity of the agreement between the airline and passengers (by way of the general terms and conditions of carriage) to a mandatory process for making claims for compensation and the effect of failure to comply with that agreed process; (b) the validity and effect of an assignment to a claims management company and subsequent re-assignment; and (c) the validity and effect of an airlines' right, pursuant to its terms and conditions, to make payment directly to the passenger.
Fraud/Misrepresentation
Advising a global aviation company in matters of alleged misrepresentation and damages.
Aircraft and engines
Advising on a wide range of manufacturing and maintenance issues, including under engine and aircraft maintenance agreements including performance thresholds and scope of coverage issues, seat supplier contracts including issues of (non)-excusable delay, liquidated damages, supply chain issues and termination rights.
Aviation insurance litigation
Acting for war risks insurers in 3 sets of proceedings across England & Wales and Ireland brought under both “Contingent and Possessed” (C&P) and Operator (OP) Policies in a multi-billion, multi-party litigation arising out of the non-return of leased aircraft out of Russia following the invasion of Ukraine in 2022. The C&P Policy claims were heard at a 11.5-week trial in the Commercial Court, with judgment given by Mr Justice Butcher in June 2025: [2025] EWHC 1430 (Comm).
