Fountain Court Chambers offers ‘access to skilled practitioners’ who expertly manage aviation and aviation insurance disputes, including high-stakes aircraft repossession and security enforcement claims. Michael McLaren KC has broad commercial experience with a strong focus on aviation, including acting in a high-value dispute involving the destruction of an aircraft leased to Saudi Arabian Airlines during the ongoing conflict in Sudan. Bankim Thanki KC is regularly instructed on critical aviation matters, including advising war risks reinsurers on claims brought by operators of aircraft stranded in Russia. Akhil Shah KC, recognised for his proficiency in aviation finance, regulatory issues, and travel disruption, continues to represent Tokio Marine Kiln in total loss claims by aircraft lessors arising from the Russian invasion. Rosalind Phelps KC is sought after by regulatory authorities on travel-related issues and advises on matters including unpaid rent under aviation lease agreements, pre-delivery payments in aircraft purchase contracts, and claims for delayed delivery. Giles Robertson has a diverse commercial practice encompassing a range of aviation disputes, from flight delay compensation claims involving low-cost carriers to incidents involving stolen aircraft.
Legal 500 Editorial commentary
Profile
Position
Barrister specialising in commercial litigation with an emphasis in aviation, trade finance, banking, (re)/insurance and arbitration. In aviation regularly represents manufacturers, airlines, insurers, financiers and leasing parties in a wide range of aviation matters dealing with: aircraft leasing, jurisdiction and air disaster, aviation insurance/reinsurance and regulatory work.
Notable cases include: Celestial v UniCredit (letter of credit and Russia sanctions dispute); DAE v War Risks Insurers (Aircraft reinsurance dispute arising from Russian invasion of Ukraine); FWA v VietJet (Aircraft repossession dispute); Qatar Airways v Airbus (aircraft delivery / product liability dispute); Wilmington Trust v SpiceJet (frustration of aircraft lease); Airbus v Generali (jurisdiction/title to sue); Re:Thomas Cook (in liquidation) (airline licensing); Re:Monarch Airways (in administration) (judicial review of airport slot allocation); LAIL and OTS v Maroil (joint venture/shareholder dispute concerning reflective loss) Petrosaudi v Novo Banco (banking / letter of credit); Alpstream v PK and GECAS (aircraft finance); Involnert v Aprilgrange and others (insurance moral hazard); Lipton v BA CityFlyer (SC) (UK Reg 261 rights); Jet 2 v Huzar (CA) (EC Reg 261 rights); Blue Sky v Chartis & Others (insurance dispute concerning Iranian sanctions); PK v Mahan (arrest of aircraft and enforcement of judgment); Kibris v SoS and Republic of Cyprus (review of right to fly from UK); acting in Bermuda Form and other international arbitration disputes).
Career
Called 1990; Inner Temple; called to the British Virgin Islands Bar 1999; Silk 2010.
Publications: contributor to ‘Carriage by Air’ (2000); Bullen and Leake and Jacob’s ’Precedents of Pleadings’ (19th edition), Halsbury’s Laws “Aviation” (2017, 5th edition) and ‘Commercial Court Procedure’.
Languages
Working French.
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Testimonials
Collated independently by Legal 500 research team.
- 'An aviation and travel set of chambers with real strength across all levels. Its members are involved in the leading aviation cases.'
- 'A well-respected aviation set with quality counsel at all levels.'
- 'Always helpful; a quality set.'
- 'They are exceptionally strong in aviation insurance work. The clerks are excellent and always find the right counsel for the job.'
- 'Very gifted people.'
- 'Fountain Court ensures access to skilled practitioners for a variety of aviation-related matters.'
- 'They are capable, consistent and dependable, evoking the feeling that there is vigorous and quality training that pupils and juniors undergo.'
- 'Fountain Court Chambers are at the top of the premier league of aviation barristers and are our first choice, particularly for complex matters.'