Aviation & Marine Disputes
We advise lessors/finance companies, owners, and airlines in difficult situations. These typically involve issues of asset preservation and recovery, urgent interim relief and substantive monetary claims.
Our Aviation & Aviation Finance expertise
Our team is led by Lindsey Clegg, whose work in the aviation industry resulted in her being named as a Rising Star by AirFinance Journal in 2013. We advise airlines and other operators, lessors/finance companies, owners, and others operating in the aviation industry in difficult situations and work with them to help avoid such situations arising. Our team can assist with asset preservation and recovery, urgent interim relief and substantive monetary claims.
The team also regularly advises on contractual disputes arising within aviation supply chains and in the aviation sector generally and is part of our wider specialist Airports and Aviation sector group **please add link to that webpage.
Why choose our aviation and marine team?
Significant industry expertise obtained through acting for all parts of the industry: lessors and banks; airlines and private operators; airports; charterers; insurers; suppliers and manufacturers – we know your industry, speak your language and understand how you, and your opponent, might be thinking
Pragmatic, commercial solutions: our team gives you answers not options
We review situations quickly, with a view to preventing potential issues escalating into fully blown disputes and neutralising any potential flight risk
Where disputes do escalate, our team has considerable experience representing aviation client before both the Commercial Court and in international arbitration (whether that be LCIA, other institutional arbitrations or ad hoc)
Where advice and assistance is required in other jurisdictions, we work with our contacts in specialist local law firms. We are not tied to branch offices or restricted networks who often lack the industry expertise required. We are equally happy to work with your own local advisors in other jurisdictions as co-counsel.
Examples of our recent work include:
Representing an Irish incorporated sub-lessor in Commercial Court proceedings brought by the US head-lessor arising out of the emergency repatriation of two commercial aircraft following the invasion of the Ukraine by the Russian Federation
Advising a flag carrier airline on claims, to be resolved through LCIA arbitration, arising out of the non-delivery of aircraft under wet-leasing arrangements
Advising an Irish incorporated aircraft sub-lessor on the successful repatriation of commercial passenger aircraft stranded at Boryspil Airport, Kyiv, following the Russian invasion of Ukraine
Representing a tour operator in a US $200m + dispute before the LCIA
Representing a Turkish airline in Commercial Court proceedings commenced by a lessor, following the catastrophic failure of the leased asset during a commercial passenger flight
Representing a holiday company in Commercial Court proceedings commenced following its failure to take delivery of two Boeing 767 aircraft
Advising an international flag carrier airline on the applicability of, and its obligations under, Regulation UK261
Advising airlines, lessors and their insurers in relation to claims against logistics services providers and haulage contractors following damage to and loss of aircraft engines and components in transit
Advising clients in disputes arising out of other commercial contracts including in-flight concession agreements, aircraft cleaning and repair, maintenance and overhaul contracts and in relation to changes to, and claims threatened in relation to, customer loyalty schemes
Providing advice to airport authorities in relation to public procurement and other contentious issues
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- Representing a Turkish airline in Commercial Court proceedings commenced by a lessor, following the catastrophic failure of the leased asset during a commercial passenger flight.
- Representing a holiday company in Commercial Court proceedings commenced following its failure to take delivery of two Boeing 767 aircraft.
- Acting for the owner and lessor of a Dassault Falcon 7x aircraft to successfully resolve claims valued at US $33 million commenced in three jurisdictions by the French head-finance company following default by the Russian sub-lessee, securing a full indemnity for all losses and costs for her clients.
- Advising finance companies and banks on a number of distressed aircraft leasing accounts, including in relation to early intervention and distressed asset management planning, securing, recovery and/or repossession of the aircraft, third party lien claims against the aircraft, asset sale and recovery of shortfalls following sales, securing their investments and minimising losses and risk in default situations
- Advising an aircraft engine manufacturer in a variety of disputes arising out of the interpretation, implementation and renegotiation of long-term supply and partnering agreements with critical component supply partners.
Meet our team
James Hartley
Partner & Divisional Head of Dispute Resolution
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