Aviation Plus
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Aviation Plus Clyde & Co LLP is a dynamic, global law firm that delivers legal services across our core sectors, including aviation. We are airline focussed and operate through a single global practice group, allowing us to serve our clients where and when they need us. We have a renowned major loss, emergency response and attritional liability air carrier defence practice. In this interactive brochure we present here our wider aviation related capability in working for airlines – what we call ‘Aviation Plus’. 2 Our aviation practice in overview One Aviation Global Practice Group Consistently top Aviation specialists in each of: Aviation Plus Aviation Liability 50+ ranked by Chambers offices & Partners and Legal London Caracas Regulatory Major Loss 500 directories Edinburgh Mexico City Non-contentious Emergency Paris Rio de Janeiro commercial Response Madrid Dubai New York Johannesburg Finance & leasing Attritional San Francisco Singapore Fleet procurement liability defence 100+ Los Angeles Hong Kong The world’s Commercial dispute Associated subrogated Aviation specialists Miami Shanghai leading firm resolution recovery Montreal Melbourne in the field of Debt recovery aviation law. Toronto Sydney Who’s Who Legal 3 Our services Aviation Plus Additional services We understand the aviation industry and the needs of airlines. Members of our Aviation Plus team have many years of experience representing the airline industry in these areas of work, with several also having worked as in-house lawyers. We always endeavour to provide practical, business orientated, advice. With this combination we provide airline clients with a comprehensive range of services on a worldwide basis: we can serve you as a one-stop shop. The principal members of our Aviation Plus team are identified here. Details of aviation related value added services that we can provide are available here. Click on the links to navigate this interactive brochure. 4 Regulatory We advise and act for airlines in relation to all – We wrote the extensive report Brexit scenarios Click to see our experience by region aspects of aviation safety, security and economic for Business Aviation for the European Business regulation, and market access, pursuant to Aviation Association (February 2018) both international and national law. Due to the – Fabrice Pradon, is the chief editor of the French geographic spread of our team, we can and often journal aviation and space laws, Revue française provide advice on a multi-jurisdictional basis. de droit aérien et spatial, and teaches aviation law Members of our team have also written extensively at several universities in this area. For example: We also advise on competition law in the aviation – Tom Van der Wijngaart and John Balfour edit sector, alliances, mergers & acquisitions State the annual Lexology publication Getting the Deal aid rules. John Milligan wrote the main textbook Through – Air Transport in this field, European Union Competition Law in the Airline Industry. – Rob Lawson QC, has contributed to the UK chapter for the last 3 editions of The Aviation Law Review and is a past contributor to the Aviation title in Halsbury’s Laws of England – John Balfour wrote the first complete textbook on European Union air law, European Community Air Law and is a consulting editor of Shawcross and Beaumont on Air Law OUR AVIATION VALUE ADDED < BACK INFOGRAPHIC OUR SERVICES NEXT > PLUS TEAM SERVICES Regulatory 5 UK – Advising major airlines on EU and – Advising a major airline in relation – Advising a major non-EU airline on ASA ownership and control issues, to issues arising out of the proposed ICAO and EU rules on the equipping Key contacts and related potential restructuring, change of PRM service provider at a of aircraft with underwater locating in anticipation of Brexit major international airport, PRM service devices, liability exposure for non- UK: standards and proposed increased compliance and applicable Rob Lawson QC – Assisting with the establishment of new PRM charges enforcement measures Tom van der Wijngaart UK airlines, including obtaining of their requisite AOC, operating licence and – Advising a major airline and associated – Acting in the ground breaking case route licence. We have also advised in tour operator in relation to the sale and before the English Court of Appeal relation to the procurement of ground marketing of package holiday products concerning the admissibility of Annex handling services and of slots for and linked travel arrangements 13 air accident reports in English civil such start-ups proceedings, Rogers v. Hoyle – Advising various major airlines on – Assisting non-EU airlines in respect compliance of their conditions of – Assisting in writing reports for of their proposed commencement of carriage with EU consumer law, the European Commission on the services to and from the UK, including including in the context of enforcement development of comprehensive air advising in relation to traffic rights, proceedings threatened by the UK CAA transport agreements with non-EU foreign carrier permit requirements, under its Enterprise Act powers states in respect of traffic rights and slots, the establishment of a UK branch air safety; and on possible air transport – Advising a major Asian carrier in office and immigration issues agreements with 10 ASEAN States and respect of the regulations governing the with 6 Gulf Cooperation Council States – Acting for IATA in relation to its sale of package holidays, requirements intervention before the English Court of of the EU Package Travel Directive, – Defending prosecutions in the Crown Appeal in Gahan v. Emirates, concerning and the ATOL licensing process Court for alleged offences under the the extra-territorial reach of EU Air Navigation (Dangerous Goods) – Acting for Air Serbia in a case before Regulation 261/2004 Regulations the Court of Justice of the European – Acting for various international airlines Union regarding the availability and – Advising a national airline and in respect of claims brought against use of sixth freedom traffic rights Ambassador to the UK on inadvertent them for compensation for long delay, under the European Common Aviation carriage of foreign nationals cancellation and denied boarding Area Agreement intending to join terrorist groups pursuant to EU Regulation 261/2004 OUR AVIATION VALUE ADDED < BACK INFOGRAPHIC OUR SERVICES NEXT > PLUS TEAM SERVICES Regulatory 6 Europe France: – Assisting airlines in their relationship Spain: with consumer protection authorities Key contacts – Acting for various airlines before civil, – Representing airlines in administrative with regards to issues of compliance commercial and criminal courts for proceedings opened by the Spanish of their general conditions of carriage France: compensation brought against them national enforcement body concerning and websites with the French Fabrice Pradon for compensation for long delay, issues including non-compliance with Consumer Code Grégory Laville cancellation and denied boarding the PRM Regulation, EU Regulation de la Plaigne pursuant to EU Regulation 261/2004 – Acting for airlines in cases before the 261/2004, deviations after take-off and national laws French criminal courts, including and the illegal transport of weapons Spain: resulting from an air disaster, in relation – Acting for various airlines before social – Defending airlines in cases opened Enrique Navarro to discrimination matters brought by courts in respect of claims brought by regional administrative bodies, passengers, traffic offences committed against them by their crew members including the Catalonia Consumer at an airport, threats made to aircraft Agency and the Balearic Islands – Acting for various airlines before staff by passengers, unruly passengers, Health Agency administrative courts in challenges travel agency fraud and the inadvertent to administrative fines, including in carriage of a drug smuggler – Acting for various international airlines relation to noise pollution, air traffic in respect of claims brought against – Assisting airlines to negotiate and rules infringement, illegal entry of them for compensation for long delay, settle claims brought against them a passenger into French territory, cancellation and denied boarding for compensation in all situations non-compliance with security pursuant to EU Regulation 261/2004, envisaged by contract, aviation regulations, non-compliance with including via the use of a bespoke and national laws EU Regulation 261/2004, and non- iDefend261 software tool compliance of their general conditions – Representing airlines in cases before the of carriage and websites with the criminal courts, including - inter alia French Consumer Code - cases of unruly passengers and bomb- – Advising a major EU airline on threat investigations compliance of its website and conditions of carriage with French regulations OUR AVIATION VALUE ADDED < BACK INFOGRAPHIC OUR SERVICES NEXT > PLUS TEAM SERVICES Regulatory 7 Americas – Acting for the airline interests in the – Assisting an international passenger – Advising LATAM airlines regarding ground breaking cases concerning airline in defending against enforcement accession to the Oneworld Alliance and Key contacts Federal law Pre-emption of State action by the Transportation Security associated FFP, codeshare, contractual, common law obligations relevant to Administration for alleged security regulatory and competition issues North America: aviation safety standards, Abdullah v. breaches Jeff Ellis – Advising