The Cape Town Convention and Aircraft Protocol entered into force in the United Kingdom on November 1 2015 (for further details please see "UK ratification of Cape Town Convention and Aircraft Protocol"). The UK Civil Aviation Authority requires that irrevocable deregistration and export request authorisations (IDERAs) be filed in a specific form (CA50), which differs slightly from the form appended to the aircraft protocol. An IDERA recordation fee is also payable to the Civil Aviation Authority.

The disapplication of the historically vexed lex situs rules in the context of UK Cape Town interests (as expressly set out in the United Kingdom's implementing rules) is a welcome step. It means that where the Cape Town Convention applies – and subject to any particular requirement or practice in the state of registration, if other than the United Kingdom – English law and jurisdiction are likely to be the best choice for any mortgage or bill of sale on a transaction involving parties situated in the European Union, including because of the simpler rules for enforcement of judgments pursuant to the recast EU Brussels Regulation (1215/2012), which applies between EU member states.

For further information on this topic please contact John Pearson at Vedder Price by telephone (+44 20 3440 4680) or email (jpearson@vedderprice.com). The Vedder Price website can be accessed at www.vedderprice.com.

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