As the leading legal directories acknowledge Philip probably has the most in depth experience of aviation litigation and arbitration of anyone in practice born out of a lifelong passion for aircraft and flying.
Philip has appeared as leading counsel in most of the aviation cases and arbitrations of significance of the past 30 years. His specialist knowledge extends not only to the legal issues but also the technical and regulatory context in which the aerospace industry operates.
He has observed at first hand airframe and engine manufacture, heavy and line maintenance, engine shop visits, flown light aircraft and had time in Boeing 737 simulators gaining valuable practical experience.
Philip is a Board Member Trustee of Wiltshire Air Ambulance that recently gained its own AOC operating a Bell 429 HEMS adapted helicopter.
Philip set up the successful Aviation and Travel practice group which he led for 23 years at XXIV Old Buildings. Practicing independently should avoid conflicts of interest in future.
Philip’s aviation practice includes disputes relating to operating and finance leases, sale and purchase agreements, aviation related contracts, insurance, product liability, class actions, slots and regulation. Philip was leading counsel in the landmark leasing case ACG v Olympic Airlines concerning the allocation of risk in operating leases and that defined the meaning of airworthiness in English law. Philip has decades of experience in litigation arising from air accidents including AF 447, MH 370 and Ethiopian Airlines.
Current cases include operating lease disputes arising out of the effects of the Covid 19 pandemic, alleged frustration of operating leases and sale and purchase and sale and leaseback contracts, return conditions, whether a lease should be subject to rectification, liability to pay enhanced rent and interest following an event of default and whether they amount to penalties, whether lessee induced to enter multiple operating leases by fraudulent misrepresentations as to capacity of manufacturer to support a new aircraft type and dispatch reliability, claims relating to leasing and sale and leaseback of Boeing 737 Max 8 and 9.
Philip is also instructed as lead counsel on behalf of Qatar Airways in its highly publicised dispute with Airbus which is being heard in the High Court in London and concerns alleged manufacturing and design defects in the A350 aircraft and cancellation of a contract for 50 A321 Neo aircraft. The trial is expected to be heard in the summer of 2023.
- Air Accidents
- Product Liability
- Slots and Regulation
- Operating Lease Disputes
- Sale and Purchase Agreements
Qatar Airways vs Airbus – Airbus loses bid to use French Blocking Statute
In the latest judgment from the High Court in the dispute between Qatar Airways and Airbus relating to premature surfaceRead more
Qatar Airways vs Airbus
Philip has been instructed by Robert Weekes, Nicola Phillips and Gordon McAllister of Crowell & Moring’s London office on behalfRead more
Times Travel Limited v Pakistan International Airways Corp 2019/2021
Whether an IATA agent could avoid a contract imposed on it by an airline that demanded that the agent give up accrued claims to commission.Case link 2020 Read more about the case in 2019
Wallis Trading Inc v Air Tanzania and Tanzania 2020
Whether Tanzanian law was relevant to enforcing a settlement agreement relating to liabilities under an English law aircraft operating lease also guaranteed by the Government of Tanzania.Case link
NAS Air Company v Genesis Aviation Trading 3 Ltd 2020
Rejection of lessees attempts to introduce implied terms / collateral contract / estoppel into operating lease in dispute over responsibility for carrying out performance restoration shop visit.
ACG v Olympic Airlines 2013
The leading case on English law operating leases, the meaning of airworthy and the conclusive status of Certificates of Acceptance.Case link
Qatar Airways vs Airbus
Philip has been instructed by Robert Weekes, Nicola Phillips and Gordon McAllister of Crowell & Moring’s London office on behalfRead more about Qatar Airways vs Airbus
Wiltshire Air Ambulance Visit
Photo taken by Philip on 26th May 2021 of the Bell 429 HEMS helicopter owned and operated by Wiltshire Air AmbulanceRead more about Wiltshire Air Ambulance Visit