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
Michael McLaren KC is widely experienced in all areas of commercial litigation, regulation and professional discipline, with particular expertise in aviation, banking and finance, commercial dispute resolution and regulatory law.
Recent experience includes: Stoop v. Johnson [2024] EWHC 286 (Ch.) (damages-based agreements); Saudi Arabian Airlines v. International Airfinance Corp. [2024] EWHC 242 (Comm) (interim injunctions); Olympic Council of Asia v. Novans Jets [2023] EWHC 276 (Comm) (contempt), [2021] EWHC 1063 (Comm) (unjust enrichment and CPR24); LLC Eurochem v. Tecnimont [2022] EWHC 2444 (Comm) (anti-suit injunction); Gama Aviation v. MWMMWM [2021] EWHC 2229 (Comm) (non-setting aside default judgment), [2021] EWHC 3667 (Comm) (debarring order), [2022] 4WLUK 364 (summary judgment); Integral Petroleum v. GPB Bank [2000 Jacobs J] (non-setting aside anti-suit-injunction), [2022] EWHC 659 (Comm) (summary judgment); Odyssey Aviation v. GFG [2019] EWHC 1927 (Comm) (aircraft purchase); Bank Mellat v. HM Treasury ($4bn claim); Nesbit v. Acasta [2018] EWCA Civ 268 (construction of insurance policy); acting for litigation funder resisting security for costs in £700m claim; Williams v. SRA [2017] EWHC 1478 Admin (solicitor challenging strike off), Dubai Financial Group v National Private Air Transport Services [2016] EWCA Civ 71 (setting aside default judgment entered simultaneously with alternative service order); Tarom v Jet2.com [2014] EWCA Civ 87 (distinction between causation and assessment of damages); ACG Acquisition v Olympic [2013] EWCA Civ 369 (certificate of acceptance of aircraft).
Career
Called to the Bar 1981; Silk 2002.
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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.'