2020

List of pages

runway and sunset

The Corporate Insolvency and Governance Act 2020 of the United Kingdom and the Cape Town Convention

The Corporate Insolvency and Governance Act 2020 (CIGA) of the United Kingdom received the Royal Assent on June 26 and is now in force.

Bottom view of an airplane and its engine parked at the airport

COVID-19 and the practical implications for the global aviation industry

COVID-19 (coronavirus) has had an early and extreme effect on the aviation industry. This article gives a short overview of some of the areas in which we are assisting our clients.

Transport-aviation-plane-sky

State intervention in the aviation sector: State aid issues

The below Q&A addresses the state aid implications of heightened State intervention as a result of COVID-19 – in particular, as it applies to the aviation industry in the EU.

2019

List of pages

China skyline

China Foreign Investment: Expert Q&A Series – Civil Aviation industry

In our China Foreign Investment Expert Q&A series, we update you on recent developments in China’s foreign investment laws. The spotlight for this update is on the civil aviation industry.

Airplane on tarmac

Flight delays: What compensation can you claim?

A delayed flight can cause a great deal of frustration and financial loss for its passengers.

airport

LIBOR transition to risk-free rates and aviation finance

On July 27, 2017, Andrew Bailey, the Chief Executive of the UK Financial Conduct Authority (the FCA) announced that the FCA would no longer compel or persuade banks to make submissions to LIBOR as from the end of 2021.

man inside airport

Rate claim over airport land fails to take off after Australian Federal Court decision

Councils’ ability to expand the areas over which they can charge federally leased airports “rates” has taken a blow in the recent Federal Court decision of Clarence City Council v Commonwealth of Australia [2019] FCA 1568.

Airplane

Aviation if there is a “no deal” – Status overview

This article examines what a “no deal” Brexit would mean for the aviation industry following the publication of EU and UK legislation to address this.

View from a plane window

FCPA enforcers reach for the skies: Recent cases remind aviation industry that common airline perks can create significant exposure to FCPA violations

May we please have your attention for a few safety announcements.

airplane

New solutions to support rapid growth of the Aviation industry: New York Aviation Summit

The recently unveiled, multi-billion dollar airport regeneration projects being undertaken by The Port Authority of New York and New Jersey, as well as future prospects for asset-backed securitisations and other funding options for lessors and airlines, featured on the agenda at Norton Rose Fulbright’s annual New York Aviation Summit, which took place on November 15, 2018.

building

No oral modification or variation clauses

The Supreme Court in England recently reversed our understanding of the effectiveness of “no oral modification or variation” clauses (NOM clauses).

2018

List of pages

Airplane

Reducing the risk of an aircraft redelivery dispute

Over recent years we have seen an increasing number of disputes arising in relation to aircraft redeliveries.

Brexit flags of United Kingdom and European union

Finding the right Brexit path for aviation – Taking control versus market access

The following is an edited version of a presentation delivered to UK Transport in Europe (UKTiE) at the House of Lords on 5 September which sought to highlight legal considerations to be confronted in Brexit negotiations.

Plane in flight

AFIC – Aircraft non-payment insurance – a new aircraft financing product

The last couple of years have been notable for the absence of financings of Airbus and Boeing aircraft supported by the European Export Credit Agencies and US Eximbank.

Blockchain

Blockchains and distributed ledger for aviation

The IT world recently became excited by a new technology, called blockchains or distributed ledgers.

airplane in a land

Aquila v Onur The case of the lease of an aircraft engine

A number of years ago we wrote about the case of ACG v Olympic which concerned the circumstances in which the defective condition of a leased aircraft might entitle the airline to refuse to pay rent.

airplanes at landing at airport

Cookies, tracking technology and direct marketing – The impact of new ePrivacy regulation in the aviation industry

The General Data Protection Regulation (GDPR) came into effect on May 25, 2018. This legislation introduced a number of new obligations on organisations that handle personal data.

airplane on flight

An insight into airline insolvencies

The nature of an airline’s business can create unique challenges from the perspective of the various actors involved in insolvency proceedings.

brexit

Brexit: Aviation and transitional arrangements

A famous resident of Florence once observed “There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success than to take the lead in the introduction of a new order of things.”



Recent publications

Vessel at a dock loading containers

Publication

Paying the Price: Court of Appeal holds debt still due when non-fulfilment of a condition precedent is caused by the buyer’s own breach

In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 the Court of Appeal held that the claimant sellers (the Sellers) were entitled to claim the deposits promised under sale contracts as a debt despite the defendant buyers’ (the Buyers) breach of contract, which had resulted in the non-fulfilment of a condition precedent to the payment of the deposits.

Global | December 18, 2024

Shipping
Large shipping vessel with containers

Publication

Can a charterer procure the release of a laden vessel arrested by a mortgagee bank?

As previously observed, conflicts occasionally arise between mortgagees and charterers where a mortgagee wishes to take prompt action to enforce its rights, but the charterer wishes such enforcement action to be deferred until the end of the charter.

Global | December 05, 2024

Shipping
Court building's stone pillars viewed from below

Publication

ECJ confirms public tenders’ restrictions for companies from third countries with no procurement agreement with the EU

EU Member States may allow companies from countries that have not concluded an agreement guaranteeing equal and reciprocal access to public procurement (public procurement agreement) with the EU to participate in public tenders, provided there is no EU act excluding the relevant country.

Global | November 15, 2024

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