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

  • Fraudulent claims result in custodial sentences

    We successfully applied for the committal of three Defendants for contempt of court. The application was made following their attempts to bring a fraudulent insurance claim, in relation to a staged road traffic accident. The first and third Defendants filed witness statements refuting our client’s allegations of fraudulent behaviour. All Defendants received custodial sentences, this ruling has important ramifications for those involved in fraudulent claims. 

    United Kingdom

    Fraud screening processes uncovers large motor fraud ring

    We acted for an insurer on a large motor fraud operation. The operation focused on 367 third parties claiming against 136 fraudulently incepted policies and was complex given it involved suspected staged accidents where often individuals did not exist. The strategies resulted in savings of 3.4 million for the insurer client. Additionally, following over 500 individuals being under investigation; payments were made on just 4 claims in total (97.55% success rate).

    United Kingdom

    Own goal by non-league footballer as TV appearance defeats dishonest claim

    The claimant, attempted to claim over £55,000 for injury in a road traffic accident, he claimed that injuries to his foot meant he could neither stand nor walk for long periods. His appearance on Sky TV’s Soccer AM for scoring a goal from the halfway line, was one of the pieces of evidence we presented to the Court to prove the claimant was exaggerating the extent of his injuries. He agreed to a court order to withdraw his insurance claim and pay £5,000 costs.

    United Kingdom

    Employee-led fraud ring

    Representing a large local authority on a sensitive employee-led fraud ring. We ensured that reputational damage was avoided whilst achieving maximum repudiation and an IFED referral.

    United Kingdom

    First industry-wide EL/PL fraud ring

    Acting for several large clients in the Preston area dealing with, what was deemed to be, the first industry-wide EL/PL fraud ring. We assisted our client by liaising with the IFB and delivered a 100% repudiation rate for all intimated claims.

    United Kingdom

    Motor Fraudsters jailed for contempt of court

    We pursued contempt of court actions against three individuals who had brought claims against a top 10 UK motor insurer following a staged road traffic accident, part of a larger fraud ring investigation. While the claims had not proceeded to trial meaning the three individuals hadn't lied under oath, we pursued contempt proceedings and they each received prison sentences of between 4 and 6 months.

    United Kingdom

    Exaggerated claim undone by investigation

    We acted for a large public liability insurer following a genuine accident. The claimant alleged serious physical and psychological injuries, with his claim for damages and costs in excess of GBP 40,000. Our investigation uncovered that he was lifting heavy weights and we obtained video of him on one of the world’s highest waterslides. At trial, the claim was dismissed and the claimant was ordered to pay GBP 14,000 in costs.

    United Kingdom

    Exaggeration costs claimant dearly

    Following a genuine accident at work, our insurer client contacted us as they were concerned about the extent and impact of the injuries. This claim was handled using our Project Martello strategy for exaggerated claims. Our investigation uncovered that the Claimant was much more active than he was admitting. The Court ordered that the GBP 260,000 claim be discontinued and the claimant to pay GBP 5,000 to the Defendant.

    United Kingdom

    First private prosecution for public liability claim

    Acting on behalf of a global insurer defending a staged tripping claim brought against a supermarket. After defending the original GBP 60,000 claim to a successful conclusion at trial, we then pursued a private prosecution against the claimant - who received a 21 month suspended jail sentence for her part in the scam.

    United Kingdom

Our Regulatory team

Tom van der Wijngaart
Tom van der Wijngaart

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