Aviation & Travel

Aviation & Travel is one of Fountain Court’s key areas of expertise. Many of our members have extensive relevant experience, having acted on some of the largest and most high-profile cases across the sector.

Our expertise is evidenced by the recent cases our members have been instructed on relating to the COVID-19 pandemic and the distress it has caused to the industry. Our members have acted in cases concerning airline insolvencies and restructuring, fleet retirements, flight cancellations, compensation schemes and the consequences of travel restrictions. We have also acted in a significant number of claims relating to frustration and the interpretation of ‘force majeure’ clauses.

Our members are also acting in cases concerning the impact of sanctions against Russia on the aviation industry, including on the aircraft leasing and aviation insurance markets.

Our commercial aviation disputes experience is shown by the fact that many of our members act on cases concerning aircraft finance and leasing claims, aircraft manufacturers (commercial and product liability), aircraft maintenance organisations (including long term maintenance agreements), aircraft finance and leasing disputes, aviation insurance (all risk and war risk), and airline insolvency.

We have also worked on sensitive cases involving mass fatalities and disasters – ranging from airline losses to high profile helicopter losses and light aircraft crashes – and have dealt with issues such as the admissibility of reports prepared by air accident investigators.

Our regulatory experience includes working with regulators themselves and with airlines, tour operators, maintenance organisations and other stakeholders; for example, on the right to fly on capacity limited routes, or the allocation of slots at capacity constrained airports. We also have significant experience of advising on cases regarding delayed and cancelled flights.

Our reputation for aviation work in particular has resulted in our members advising on public law issues in the sector including acting in judicial review claims which have had a defining effect on the industry. We have also advised the industry on Brexit-related legal issues, both during the transition period and after its conclusion at the start of 2021.

Our work includes cases relating to:

• Commercial aviation disputes
• Claims involving disasters, catastrophic / extensive loss and damage
• Disputes linked to the COVID-19 pandemic
• Insurance and reinsurance claims
• Regulatory matters
• Public law cases
• Claims relating to Brexit