"Aircraft As Property"

OVERVIEW

The aviation specialists at Quadrant Chambers hosted a selection of topical presentations, which took a fresh look at some of the legal issues confronted by operators, maintainers and ground handlers, including:

  • Maintainers' Liens - ensuring that they are validly exercised
  • Ground handling agreements
  • Transferring title
  • Asset recovery - practical steps

The event was held at Quadrant Chambers, 10 Fleet Street. London EC4Y 1AU. 

 

Aircraft as Property

Chair: Tim Marland, Quadrant Chambers

Aircraft maintainers' liens - Matthew Reeve 

In times of increasing market stress, AMOs rely increasingly on liens as their principle counterparty security. Matthew will provide a concise and up-to-date analysis of the essentials including, the ingredients of a valid exercise of the lien, the significance of sub-bailment on terms and the difficult question of contractual liens purporting to operate after a release of possession.

Allocation of liability for damage to aircraft under the IATA ground handling agreement - John Kimbell QC and Emily McWilliams 

John and Emily will consider the extent of ground handlers’ liability where aircraft are damaged and the circumstances in which carriers may be able to recover other than for physical damage to aircraft, including a review of recent German authorities.

How do you recover a 42,000kg airframe? - Robert-Jan Temmink QC

It’s all very well having a lien, judgment or a freezing order which includes an aircraft, but how do you actually get hold of and retain these huge but mobile and slippery assets? What orders are needed, and who does what and when?

Current issues in aircraft sales and security - John Passmore QC 

John revisits Blue Sky to discuss what risks are being run by buyers and financiers, what problems remain after the Cape Town Convention, and whether Blue Sky might be overruled.