Matthew Reeve Instructed on Application for Judicial Review of CAA In Respect of the Age Restriction on Commercial Pilots

Mon, 09 July, 2018

Matthew is advising Captain Wayne Bayley on his recent application, commenced in the Administrative Court, for a judicial review of the CAA’s position in respect of the prohibition for commercial pilots flying over the age of 64, and specifically to enforce the requirement that the CAA have due regard, under its statutory public sector equality duty, to the need to advance equality of opportunity to commercial pilots over that age.

Captain Bayley is a former captain with TUI airlines, with nearly 26,000 hours of flying time.

Earlier this year Captain Bayley, a former captain with TUI airlines, with nearly 26,000 hours of flying time, turned 65. Under EU Aircrew Regulations, this means he is now prohibited from acting as a pilot in commercial air transport.

Captain Bayley was a training captain for over 22 years and spent four years as a fleet manager with TUI Airways, in which role he was responsible for over 30 aircraft and associated pilots. He has passed all medical and competency examinations during his career at an above average level. In 2013 Captain Bayley flew the first ever Boeing 787 Dreamliner to his native Barbados from the UK.

The Aircrew Regulations prevent commercial pilots from flying over the age of 59 unless in the cockpit with another pilot under the age of 60.  Additionally, the upper limit of 64, which is the issue in this case, prohibits any flying even when alongside a younger pilot.

Non-EU countries including Australia, New Zealand and Canada do not have upper age limit restrictions on pilots; they base a pilot’s competency to fly on medical tests. 

Matthew Reeve is instructed by Simon Elcock, of DMH Stallard, who is handling the matter for Captain Bayley.

Matthew Reeve

Matthew is a highly experienced barrister with a wide-ranging commercial practice. He appears as the front-line advocate at all levels of the senior courts, especially the Commercial Court, the Court of Appeal and the House of Lords, as well as in international commercial arbitrations (in which he also receives appointments as an arbitrator).

He has attracted recognition for his handling of larger cases requiring complex legal and factual analysis and the coordination of large teams of lawyers and experts on cases from around the world including (recently) Saudi Arabia, Brunei, Bermuda, Dubai, China, Korea, Cayman Islands, India and New Zealand. Clients include members of royal families, senior military figures, three premiership football clubs, international sportsmen and well-known business personalities in the United States and UK, aviation authorities (in the UK and abroad), insurance regulatory authorities, as well as international insurance and reinsurance companies and airlines.

Matthew's international aviation and travel practice is acknowledged in both Chambers UK and The Legal 500.  It spans all aspects of airline liability, passenger/air accident claims, carriage of cargo, aircraft manufacturer and maintainer liability, air accident investigation and inquests, airline regulation, tour operators, aircraft and engine financing, conflicts of laws and aviation insurance/reinsurance disputes. It regularly involves the management of multiparty and disaster litigation. Matthew was elected a Fellow of the Royal Aeronautical Society in 2012.

Matthew combines the highest standards of advocacy (including traditional cross-examination skills) with the application of the most modern litigation-management techniques. He is consistently ranked as a 'Leading Junior' in the latest editions of both Chambers UK and The Legal 500 for Aviation, Shipping and International Arbitration.

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