Non-contentious aviation regulatory matters

Examples of non-contentious aviation regulatory matters we have advised on

Brexit regulatory advice

• Advising several leading airlines on changes to their businesses arising out of Brexit, including foreign ownership shareholding rules, the establishment of UK subsidiary airlines, and restructuring of an MRO's Part-145 maintenance network in the UK and across the EU.

Covid-19 regulatory advice

• Advised airlines on the ever-changing Covid-19 regulatory landscape, including liability for cancelled flights, border closures, reviewing the airlines’ booking and check-in processes to ensure compliance, updating the airlines on changes to the regulations, defending UK fixed penalty notices, and advising on the UK Civil Aviation Authority's enforcement powers.

Advice on international conventions, EU regulations, competition issues and sanctions

• All issues governed by and arising out of the Chicago Convention, its Annexes and guidance provided by ICAO.

• Issues and processes arising out of aircraft accidents and incidents with reference to ICAO Annex 13 of the Chicago Convention, and relevant national law and procedure.

• The Tokyo Convention and issues surrounding disruptive passengers, including advice for flight crew in handling such situations.

• Antitrust, competition, state aid, cartel, mergers and alliance issues, slot sales, acquisitions and transfers, regulatory safety compliance, and ground handling issues.

• Providing advice on highly technical maintenance, air traffic management and aviation safety matters arising out of the complex regulatory framework set at an EU level (replicated in UK law following Brexit, a regime that is starting to evolve), as well as airport slot issues for which we are considered a "go-to" firm.

• Compliance with various EU Regulations including Regulation (EC) No 1008/2008 and foreign ownership rules, and regulations relating to environmental issues including the Emissions Trading Scheme.

• Advice on sanctions that may affect an airline's operations and business.  Recently this has included advising airlines and lessors on several issues arising out of the imposition of sanctions by the UK, US and EU on Russia arising out of its invasion of Ukraine.

Expertise