One of few firms able to provide dedicated aviation regulatory advice

We have a dedicated aviation regulatory practice, an area that is of growing importance to the industry. Our lawyers have a deep understanding of complex aviation regulations and of the airline business, and can advise clients on the commercial implications and consequences.

We act for airlines in relation to all aspects of aviation safety, security and economic regulation, and market access, pursuant to both international and national law. We have particular expertise in advising airlines on the issue of Air Operator Certificates and licensing, as well as on EU Regulation 261/2004 in connection with denied boarding, cancellations and delay.

We advise on competition law in the aviation sector, including on alliances and on mergers & acquisitions State aid rules. We also advise on code sharing, frequent flyer participation, bilateral air service agreements, international aviation conventions, and the ever-increasing volume of EU law affecting aviation.

Due to our extensive international footprint, we can provide advice on a multi-jurisdictional basis.

Our Regulatory Work

  • All
  • UK & Europe
  • Aircraft Charter Agreements

    Advising numerous operators regarding aircraft charter, wet lease and dry lease agreements

    Airport operator issues

    Acting for a London airport operator regarding slots, ground handling issues and charging regulations

    Airport Operators

    Advising airport operators regarding slots, airport charges, groundhandling, liability and international standards, emergency planning;

    Airworthiness and Type Design

    Advice regarding airworthiness and type design compliance demonstration and certification for civil and military platforms

    EU External Aviation Relations

    Advising various airlines, investors and the European Commission regarding EU external relations, horizontal agreements, open skies agreements and bilateral air services agreements; Advising a non-EU airline and its government in its negotiations with the European Commission on an EU horizontal agreement

    Flybe Slots Sale

    Advising on more than 50 slot sales, purchases and other transactions, including acting for Flybe in the sale of its slot portfolio at Gatwick to easyJet, and acting for British Airways in the landmark High Court case which confirmed that slots may be traded.

    Hazardous Goods

    Advising stakeholders on the carriage of hazardous goods by air and land; advising carrier regarding handling of mercury spillage

    Regulatory Advice

    Advising numerous airlines and other stakeholders on aviation regulatory issues including EU nationality of ownership and control rules,  EU ETS, air passenger rights (including under Regulation (EC) 261/2004), ATOL and package travel rules, Air Passenger Duty, passengers with reduced mobility, the carriage on unaccompanied minors, airline licencing and operating permits, security and counter-terrorism for civil aviation. Advising on web based selling and price transparency rules.

    Unmanned Aircraft Systems

    Advising UAS operator regarding access to airspace, airworthiness and radio spectrum usage; advising European Commission on liability and insurance aspects of a UAS study

  • Coverage and monitoring following employer insolvency and PPF assessment

    Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme

    United Kingdom

    Depreciation of fund value and subsequent losses

    Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value

    United Kingdom

    Equalising gender benefits following the "Barber" judgement

    Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991

    United Kingdom

    Incorrect "preservation" legislation in rules

    Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993

    United Kingdom

    Incorrect drafting of rule consolidations

    Advising on incorrect drafting of rule consolidations

    United Kingdom

    Incorrect equalisation of retirement ages in accordance with Barber

    Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation

    United Kingdom

    Knock-on effects of failure to properly amend scheme rules

    Advising on failure to properly amend the scheme rules correctly to reduce future benefits

    United Kingdom

    Loss of chance claims

    Acting on loss of chance claims

    United Kingdom

    Misapplication of funds claims against a trustee

    Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not

    United Kingdom

    PTL policy claims

    Advising on claims under PTL policies for “exonerated loss” cover

    United Kingdom

Our Regulatory team

Tom van der Wijngaart
Tom van der Wijngaart

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