Sharma Rupali | Stephenson Harwood

Biography

Language - English
Jurisdiction - England & Wales

Rupali Sharma is an experienced aviation litigator and advises all types of aviation companies on a range of aviation regulatory and commercial matters. She supports a diverse range of clients, including airlines (both legacy and low-cost carriers), lessors, financial institutions, and other aviation stakeholders in cases both before the UK courts and further afield, including in arbitration. Rupali advises on intricate contractual disputes and on a variety of aviation regulatory matters, that include travel, consumer protection, passenger rights at domestic, EU and international level, foreign ownership rules, and airport slots.

Rupali provides comprehensive legal support, from acting for airlines in judicial review proceedings to defending enforcement actions and investigations by regulators. Rupali also has experience working on issues arising out of airspace management and has been involved in very high-profile work in relation to NATS. She also manages English litigation and international arbitration arising out of financing and leasing of aircraft. Rupali also have a particular interest in aviation sustainability and has advised on matters relating to greenwashing and supported airlines in promoting their sustainability initiatives.

She is adept at handling high-stakes disputes, ensuring her clients can confidently address challenges and seize opportunities in a rapidly evolving legal landscape. Clients value Rupali's ability to act swiftly and think commercially, making her an indispensable ally in the aviation sector. Her proactive approach and deep understanding of the industry ensure that she not only identifies potential issues but also delivers effective solutions, helping clients achieve their strategic goals.

Experience

Aviation Finance, Leasing & Advisory
- Advised airlines during the Covid-19 pandemic on requests to lessors for deferral of rent, lease extensions, power-by-hour arrangements, and the efficacy of force majeure and frustration defences.
- Advising a lessor on the potential claims against an airline under operating lease agreements for three aircraft, arising out of the non-payment of rent and maintenance reserves during the Covid-19 pandemic, including advising on summary judgment.
- Advised a European aircraft lessor on the purported termination by the lessee on the grounds of force majeure/frustration arising from COVID-19, of an ACMI (aircraft, crew, maintenance and insurance) lease agreement for the wet lease of ten aircraft.
Aviation Regulation & Commercial
- Advising airlines on a variety of aviation commercial and regulatory aspects including with reference to the entering into and termination of contracts with suppliers, ground handlers and ADR entities.
- Provide high level advice on passenger claims under EC Regulation 261/2004 and the Montreal Convention 1999, and advice concerning passengers with reduced mobility, disruptive passengers, ATOL and the Package Travel and Linked Travel Arrangements 2018.
- Reviewing and advising on suggested changes to airlines' General Terms and Conditions of Carriage and on an airlines' booking process to ensure compliance with the former Consumer Protection from Unfair Trading Regulations 2008, and now the Digital Markets, Competition and Consumers Act 2024, and EC Regulation 1008/2008 (as retained in UK law).
- Acted for and advised airlines on regulatory and criminal investigations brought by the UK Civil Aviation Authority, the Competition Markets Authority and Advertising Standards Authority, on matters relating to consumer protection, refunds for cancelled flights, the Covid-19 regulations and compliance with advertising standards.
- Advised and acted for an airline on disputes and regulatory matters involving NATS. This included representing the airline in a claim against NATS for service failures that caused significant delays and advising the airline in respect of investigations conducted by the Civil Aviation Authority into the performance of NATS.
Aviation Disputes
- Defended Ryanair DAC and Ryanair UK Limited in three significant claims brought by online travel agents in the English High Court on matters relating to competition and abuse of dominant position, and a travel organiser's right to redress under the Package Travel and Linked Travel Arrangements Regulations 2018 from an airline for refunds paid to passengers for flights cancelled during the Covid-19 pandemic.
- Defended Part 8 Enterprise Act 2002 enforcement proceedings brought against Ryanair DAC by the UK CAA in the High Court (and on appeal to the Court of Appeal and UK Supreme Court) concerning Regulation (EC) No 261/2004 and whether the union-led strikes that affected Ryanair's operations in 2017 and 2018 amounted to "extraordinary circumstances."
- Represented an airline in judicial review proceedings against the UK Civil Aviation Authority concerning Alternative Dispute Resolution (ADR) for passenger claims and against the Secretary of State for Transport regarding "Traffic Light" travel restrictions during the Covid-19 pandemic.

Greenwashing Risk
- Advised a major European airline in relation to an advertising campaign highlighting the airline's environmental performance and subsequently acting for the airline in a resulting investigation by the UK's Advertising Standards Agency.
- Advised a major European airline on proposed advertising campaigns highlighting the airline's sustainability efforts, goals and achievements, and assisting the airline in obtaining Clearcast approval.
Insurance
- Advised leading insurers on coverage issues under aviation hull and liability policies, including claims for aircraft damage, third-party liability, and total loss.
- Acted for a leading aviation insurer in the Irish commercial courts on a subrogation claim against the supplier of pilots, engineers and technical staff contracted to provide trip co-ordination, crew and operational flight support, for damages to the aircraft following a ferry flight and demonstration flight.
- Advised insurers on passenger claims for personal injury under the Montreal Convention 1999 and the Warsaw Convention 1955, as amended. Assisted the insurers in reaching settlements, where appropriate, with the injured passenger.