Aviation Disputes

Our Practice

Simmons & Simmons is at the forefront of aviation litigation. We successfully acted for the lessor in ACG v Olympic – the leading case in which the Court of Appeal upheld the binding effect of a Certificate of Acceptance, and emphasised the relevance of the industry perspective in construing aviation-related contracts.

We advise on the full range of disputes, including repossession actions, obtaining injunctive relief, enforcing judgments, differences of contractual interpretation, alleged breaches of delivery and return conditions, registration issues, and technical disputes. Our cases frequently involve co-ordinating actions across multiple jurisdictions.

We work seamlessly across our contentious and transactional practices, and across our international network; our recent experience speaks for the calibre of our work.

Experience

Boeing 737: ACG v Olympic

  • acting for the lessor in obtaining an order for redelivery of the aircraft, judgment at trial in the Commercial Court, and judgment in the Court of Appeal

2 Boeing 757s: Commercial Court litigation

  • obtaining judgment against a purchaser which refused to complete under a Sale Agreement, and acting to enforce that judgment in other jurisdictions

Multiple aircraft, multiple owners

  • advising a number of clients on issues arising in relation to Kingfisher, including acting in proceedings in the English Commercial Court

Airbus A321: LCIA arbitration

  • disputes with an operator in relation to the delivery condition of the engines, the conduct of maintenance, and the repossession of the aircraft in Asia. Included advice on interim relief in a third jurisdiction, in support of the arbitration.

Boeing 737: Commercial Court litigation

  • obtaining an emergency injunction to repossess the aircraft on landing in England, and then pursuing claims for amounts outstanding, damages for breach, and indemnities in respect of the return condition

Multiple aircraft: LCIA and ICC arbitrations

  • advising on concurrent arbitrations against the same lessee in separate forums in relation to a mixture of Boeing B737s and Airbus A319s

Export credit agencies

  • advising a number of Export Credit Agencies in connection with the seizure of an operator’s fleet by airport authorities in Italy

Insolvency

  • advising a number of international banks as creditors in the insolvency of an Italian airline

Disputes with authorities

  • advising an airline on a dispute with the Italian government and aviation authority in relation to the implementation flight plans

Interim relief

  • acting for numerous lessors in obtaining repossession orders and attachments of assets and receivables against different lessees in jurisdictions including England, France, Germany, and Italy.