Aviation and aerospace

The aviation industry has faced huge and contrasting pressures in recent years – from the turmoil of the global pandemic and Russia’s invasion of Ukraine, followed by an array of consequent sanctions, to lengthy contractual disputes arising from supply chain disruption and the demands of increasing ESG regulatory issues.

Expertise in all aspects of aviation and aerospace law

At Penningtons Manches Cooper, our aviation lawyers act across a wide range of matters for insurers, assureds, manufacturers, service providers, leasing companies and operators, providing specialist advice and significant experience in all aspects of aviation and aerospace law. Recognised as a leader in aviation insurance matters, we have an extensive track record in insurance and re-insurance coverage disputes on high value and complex multi-jurisdictional claims. We are particularly well placed to act for clients based in different jurisdictions and insured through the London market.

Our dedicated team has the strength and depth of expertise to advise on some of the largest and most significant pieces of insurance litigation. Following the introduction of UK, EU and US sanctions and embargoes against Russia and its entities in response to the military action in Ukraine in 2022, our team has advised on substantial ensuing claims. This is one of the largest insurance litigation matters currently in the English courts, both in terms of the scale and magnitude of aggregate claims.

We are expertly placed to advise on all types of claims relating to hull, war risks and third party liability coverage. Our disputes work encompasses policies relating to lessors’ operator aviation policies and we are regularly involved in arbitrations arising from insurance and reinsurance disputes, including dealing with insurer arbitration clauses. We also have specialist expertise in handling coverage and claims investigations, and resolving disputes over satellite and aerospace technology.

Penningtons Manches Cooper ‘punches well above its weight’ in its aviation work, which includes acting for insurers and reinsurers in defending coverage claims, while also assisting airlines with a variety of commercial challenges.

Our practice is a recognised leader in both civil and military aviation disputes. Members of our team have acted on a variety of cases relating to aircraft fit out disputes and ground safety matters and we were one of the lead advisers on the Shoreham Air Show Crash. We have extensive experience of dealing with the Air Accidents Investigation Branch (AAIB).

Increasingly, we are being asked to deal with a range of employment matters in the aviation sector, including airline cabin crew duties and vaccination policies following Covid-19. Other areas of focus for our lawyers include the impact of the Civil Aviation (Working Time) Regulations on cabin crew, UK employment and industrial relations issues, substantive collective agreements and complex disability discrimination claims.

How we help our clients

Advice on insurance and reinsurance disputes, including aerospace, satellite, aircraft manufacture, and subrogation coverage issues.

Guidance on property and cargo claims/disputes

Satellite and aerospace coverage

Insolvency and asset recovery

Aviation catastrophe work and the AAIB

Airport security systems

Regulatory issues and risk management

Damage to third party property claims

Seat sale agreements and charter agreements

Employment claims/crew claims and industrial disputes

aerial-view-of-a-aeroplane-at-junction-on-runway

The Penningtons team leaves no stone unturned in pursuing their clients’ interests. They are exceptionally able, hardworking and diligent. But they are also wonderfully collaborative, personable and approachable.

Diverse capabilities, able to assist with varied legal enquiries through broad departmental spectrum.

There are no egos on display here, just quiet and efficient competence getting the best results. Litigation is conducted robustly, but realistically. The team also knows when to get counsel involved and how to deal with the bluster of the more traditional firms.

Very, very good – sensible, unflappable, responsive to industry and very knowledgeable.

Recent work highlights

Significant Ukraine war insurance losses

Advising insurers on multi-billion dollar alleged losses of aircraft following Russia’s invasion of Ukraine, when sanctions led aircraft lessors to terminate leases with Russian airlines and to request the return of the aircraft – which were, however, not handed back.

Success in international aviation dispute

Obtaining a favourable judgment in a high-profile international aviation matter worth over US$1 billion, involving substantial disputes as to jurisdiction as well as complicated foreign law considerations and a number of novel issues.

Support after fatal helicopter crash

Representing a maintenance organization following a helicopter crash, supporting the client during investigations by the AAIB and the Coroner, as well as at inquests and subsequently. The matter involved five tragic fatalities and required detailed analysis of engineering issues.

Detention of passenger aircraft

Acting for a finance party in relation to a claim for the loss of a US$18.5 million Gulfstream G450 passenger aircraft, which had been detained by the Russian authorities for purported customs violations.

LCIA arbitration over aircraft leasing

Acting for a medical transportation company in an LCIA arbitration against one of the world’s largest private jet operators. The dispute relates to two aircraft leasing agreements, with both parties claiming substantial damages for breach of contract.

Allegedly defective satellite in orbit

Advising on a coverage dispute concerning claims related to an allegedly defective satellite in orbit. The matter involved complex technical and legal issues in a high value claim brought by the insured.