Partner
Johnny is a commercial litigation partner who advises on disputes across a number of sectors, with particular expertise in aviation litigation and regulation.
Languages - Cantonese, Mandarin, English
Jurisdiction - England & Wales
He has advised airlines and operators, banks and financial institutions on contentious matters arising in the aviation sector, including in respect of the financing and leasing of aircraft, repossessions and redeliveries. Johnny has in-depth experience working on disputes concerning the return conditions of engines and works frequently with powerplant engineers, MROs, and engine experts. In addition, he has experience in advising airlines on regulatory developments at an international, EU and domestic level, including in relation to airport slots, passenger rights and state aid.
Johnny also advises and represents banks, corporates and high net worth individuals in relation to a range of matters involving arbitration and litigation.
Johnny is a fluent Cantonese speaker, and comprehends Mandarin, and written Chinese.
Aviation Disputes - Aircraft financial, leasing and redelivery disputes
Represented a number of airlines and lessors on high-value litigation and arbitration pre-delivery, arising out of the operation of wet and dry leases, maintenance, redelivery and repossession of leased aircraft and engines over a range of issues including compliance with return conditions, AOGs, C-Checks, airframe structural repairs, engine shop visits, engine thrust increases, APUs, and whether maintenance events qualify for release from accrued maintenance reserves.
Aviation Disputes - Disputes with airports, slots coordinator and ANSPs
Represented several carriers on disputes with airports over airport fees and charges, ground
handling services, discriminatory pricing, and state aid.
Represented a number of airlines in defending / appealing substantial financial sanctions proposed / issued by airport slots coordinator related to those airlines' alleged operation at slot-coordinated (capacity constrained) airports at times significantly different from the allocated slots.
Represented airlines in claims against ANSP for failing to adequately resource and manage provision of ATC services, and challenging air navigation charges.
Aviation Disputes - Dispute with MROs, suppliers and operational partners
Advised on disputes with maintenance repair and overhaul (MRO) organisations, including in relation to lien (or a right of retention) asserted by the MRO for alleged outstanding amounts owed by the operator and the MRO's threat to part-out / sell the aircraft.
Advised on complex termination provisions in Airport Services Agreements, Grounding Handling Contracts and other supplier contracts.
Acted for a European airline in relation to a dispute with aircraft maintenance equipment provider regarding negligent service of a fleet of de-icing rigs.
Acted for an airline against a manufacturer for the installation of in-seat power systems across the airline’s fleet, regarding delayed and incorrect payment.
Aviation Disputes - Repossessions, restructuring and insolvency
Advised a bank on steps to repossess two Boeing 777 aircraft following the borrower's threat of non-payment and flying the aircraft to another jurisdiction for unapproved cabin reconfiguration works.
Advised trustee in bankruptcy on contractual rights following the bankruptcy of AS Estonia Air.
Aviation Regulation & Commercial - Regulatory and sanctions issues
Advised on the complex European regulatory framework (as retained and assimilated into UK law following Brexit) relating to initial and continuing airworthiness requirements, air operations, flight and cabin crew and maintenance personnel licenses, refuelling procedures for commercial aircraft, and air traffic management issues.
Advised on establishing a new subsidiary airline in the UK, holding an AOC and obtaining other flight permits, slots and wet-lease approvals; navigating through foreign ownership shareholding rules; traffic rights; restructuring of an MRO’s Part-145 maintenance network in the UK and across the EU.
Advised on sanctions that may affect an airline’s operations and business, including several issues arising out of the imposition of sanctions by the UK, US and EU on Russia following its invasion of Ukraine.
Aviation Regulation & Commercial - Conditions of carriage, passenger rights and consumer protection
Advised airlines in relation to disruptive passenger (DPAX) incidents, rights of persons with reduced mobility (PRMs); reviewing and advising on conditions of carriage and booking terms to ensure they are not regarded as misleading or unfair commercial practices and therefore unenforceable; advising on drip pricing; no-show policies; subscription terms and the implementation and compliance with the evolving EU and UK consumer protection regulations.
Advised airlines on potential enforcement actions from the UK Civil Aviation Authority and EU Consumer Protection Network, enforcement action by Court Enforcement Agents.
Advised airlines on the merits of a defence of “extraordinary circumstance” and the obligation to refund passengers in each circumstance under Regulation (EC) No. 261/2004, and recoverability of damages for purely psychological injuries under the Montreal Convention 1999.
Aviation Regulation & Commercial - Advertising and ‘greenwashing’
Advised airlines on proposed campaigns and compliance with the advertising standards and codes and obtained necessary approvals from Clearcast.
Defended an airline in multiple investigations brought by the UK Advertising Standards Authority in respect of allegedly misleading campaigns, notably, in respect of sustainability initiatives carried out by the airline.