You, Gillie Belsham
& Ince, in any case

06-03-2020 / Aviation & Travel

Impact The COVID-19 outbreak has already had a severe impact on the aviation sector. “Air traffic has collapsed on key Asian routes and it is rippling throughout the air transport network globally, even between countries without major outbreaks of COVID-19.”[1] Flybe yesterday announced its collapse, in part it says due to the effect of coronavirus upon bookings. Airlines are experiencing a serious decline in demand: “one carrier has taken a 26% reduction in passenger numbers across its entire operation and a major carrier has reported booking to Italy collapsing to zero with customers demanding refunds. Many carriers are reporting 50% no-shows across several markets, future bookings are softening and carriers are reacting with flight cancellation, crew being given unpaid leave, freezing of pay increases and plans for aircraft to be grounded.”[2]

28-06-2019 / Energy & Infrastructure

In Triple Point Technology, Inc. v PTT Public Company Limited [2019] EWCA Civ 230, the Court of Appeal has clarified a line of conflicting authorities on the question of whether liquidated damages can be claimed following the termination of a contract. The Court of Appeal held that the relevant provision did not, on its wording, apply where the contract was terminated and the original contractor failed to complete the works. It is a salient reminder of the need to construe liquidated damages clauses using ordinary principles of interpretation, rather than proceeding on the assumption that liquidated damages will be payable post-termination.

04-08-2016 / Aviation & Travel

The UK’s overseas dependencies includes certain territories with important roles in the aviation industry. One example is the Cayman Islands, with special fiscal arrangements which are used for the financing of commercial aircraft.

04-08-2016 / Aviation & Travel

The UK’s referendum vote to leave the European Union is likely to have a far-reaching impact on the UK aviation industry. From a constitutional standpoint, the “Brexit” referendum is considered an expression of the electorate’s opinion; it is not by itself legally binding. Nevertheless, the ruling Conservative government has committed itself politically to put it into practice and to set in motion the process for the UK to withdraw from membership of the EU.

04-08-2016 / Aviation & Travel

The EU has produced a large body of regulations affecting the aviation industry, including rules concerning workers’ rights, data protection, competition law, safety, security, environmental protection, airline insolvency. and passenger rights.

04-08-2016 / Aviation & Travel

One solution for a UK carrier would be to restructure operations so as to meet the conditions of Regulation 1008. This would involve changes to the location of the airline’s principal place of business from the UK to a place in the EU and changes of its ownership structure to ensure that more than 50% of effective control is held by EU nationals.

04-08-2016 / Aviation & Travel

Under EU Parliament and Council Regulation 1008/2008 (“Regulation 1008”) no undertaking established in the Community is permitted to carry by air passengers, mail, and/or cargo for remuneration and or/hire unless it has been granted an operating licence. It confers the status of “Community carrier” to any airline that meets the conditions of the Regulation, which include:

04-08-2016 / Aviation & Travel

The “Open Skies” agreement of 2007 between the EU and the USA permits carriers from both parties to operate air services between any point in the USA to any point in the EU (and vice versa). When the UK withdraws from the EU, British carriers will no longer benefit from the Open Skies agreement, which is likely to have far-reaching effects. After the UK exit, services between the USA and the UK will be subject to whatever bilateral air services agreement exists between the two countries. Access to Heathrow was a particular demand by the US during the Open Skies negotiations and it remains to be seen how the USA and the UK will regulate reciprocal rights for their carriers after Brexit.

15-04-2016 / Aviation & Travel

On the morning of 22 March 2016, three coordinated nail bombings occurred in Belgium: two at Brussels Airport in Zaventem; and one at Maalbeek metro station in Brussels. 32 people were murdered and over 300 people were injured. Another bomb was found during a search of the airport. The attacks were the deadliest act of terrorism in Belgium’s history. The airport remained closed until Sunday 3 April.

11-04-2016 / Aviation & Travel

The attack at Brussels Airport on 22 March reminded us all that although from a security standpoint, airports are among the most regulated and controlled public spaces in the world, terrorist attacks can still occur. Aviation-specific security regulations such as Regulation (EC) 300/2008 focus on airside spaces, the non-public spaces of airports accessible only to air passengers who hold a valid boarding pass. These regulations are designed to prevent unlawful interference with air transport – a prominent target of terrorists for several decades. Since 2001, these aviation specific regulations have been harmonised and coordinated at EU level.

08-04-2016 / Aviation & Travel

We recently highlighted that from 6 April 2016 all English companies and limited liability partnerships will be required to keep a register of every person with significant control (PSC) over them, save in the case of several narrow exceptions. 

18-12-2014 / Aviation & Travel, Energy & Infrastructure, Insurance, Maritime

Intro text

10-06-2014 / Aviation & Travel

Recent Court ruling on the admissibility of AAIB reports as evidence. If an aircraft is involved in an accident or incident it is unsurprising that all concerned, and others, want to know what went wrong.