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Time is money: aviation insurers look to the sky as ECJ opens the door to delayed flight claims

Edwards Wildman Palmer LLP
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European Union, United Kingdom
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January 7 2013

Aviation insurers could face a new stream of claims after the European Court of Justice (ECJ) confirmed that airlines should pay compensation to

Appeal Tribunal confirms that OFT is able to investigate Ryanair's acquisition of a minority stake in Aer Lingus almost five years after acquisition of the stake

Edwards Wildman Palmer LLP
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United Kingdom
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September 13 2011

In a judgment of 28 July, the UK's Competition Appeal Tribunal ("CAT") confirmed the jurisdiction of the Office of Fair Trading ("OFT") to investigate Ryanair's acquisition of a minority stake in Aer Lingus under UK merger control law

Court of Appeal resists attempt to introduce US-style class actions by the back door

Edwards Wildman Palmer LLP
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United Kingdom
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June 30 2011

The Court of Appeal has refused to extend the boundaries of current representative action procedures, by upholding the High Court's 2009 decision to strike out an attempt by claimants to use Civil Procedure Rule (CPR) 19.6. as the basis for a US-style 'opt out' class action

Heathrow Airport held to have abused its dominant position in rare standalone competition law action before the English High Court

Edwards Wildman Palmer LLP
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United Kingdom
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June 13 2011

On 15 April, through the judgment of Mr Justice Mann in Purple Parking Limited and Meteor Parking Limited v Heathrow Airport Limited, the High Court found that Heathrow Airport Limited ("HAL") had abused its dominant market position, contrary to section 18 of the UK Competition Act 1998 (the "Act"), by denying the claimants, Purple and Meteor, access to the forecourts of Heathrow Airport's Terminals 1 and 3 to enable them to carry out valet parking activities

Aviation contractor cannot recover value of parts from Saudi king's jet

Edwards Wildman Palmer LLP
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United Kingdom
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June 7 2011

The Commercial Court has held that an aviation contractor was not entitled to the value of aircraft engine parts that were being refurbished by a subcontractor because the subcontractor's obligations ended when the sub-contract was terminated

High Court upholds exclusivity of Montreal Convention 1999 in respect of disabled passengers

Edwards Wildman Palmer LLP
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United Kingdom
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May 19 2011

In the recent case of Tony Hook v British Airways plc (2011) EWHC 379 (QB), the High Court was asked to consider whether UK and EU aviation legislation created a private law cause of action sounding in damages in relation to alleged disability discrimination by an airline

Ash cloud constitutes "extraordinary circumstances" for airlines under EC Regulation 261

Edwards Wildman Palmer LLP
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European Union, United Kingdom
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May 18 2011

The ash cloud from Iceland's Eyjafjallajokull volcano that shut down much of Europe's air space in April 2010 has been held to be an example of "extraordinary circumstances" under Art 5(3) of EC Regulation 2612004 (the Regulation), exempting airlines from paying compensation for the cancellation of flights

Court refuses summary judgment application on unpaid rent for unairworthy aeroplane

Edwards Wildman Palmer LLP
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United Kingdom
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April 23 2010

The High Court has refused an application for summary judgment on a claim for unpaid rent for a leased aeroplane which was not airworthy

Rebels without a cause (of action): Emerald Supplies v. British Airways plc: class actions and litigation funding present opportunities for and threats to insurers

Edwards Wildman Palmer LLP
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United Kingdom
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June 17 2009

The UK litigation landscape is changing and arguably heading West

Privy Council: liability for plane crash

Edwards Wildman Palmer LLP
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United Kingdom
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June 15 2009

In Felicia Andrina George (Administratrix of the Estate of Hughes Williams, Deceased) v Eagle Air Services Ltd 2009 UKPC 21 the administratrix of the estate sought compensation for the death of her husband in an air crash

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