‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’
Law Society's Gazette, 8th February 2021
Source: www.lawgazette.co.uk
‘Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines.’
Panopticon, 19th October 2020
Source: panopticonblog.com
‘The Serious Fraud Office (SFO) is prosecuting a UK subsidiary of Europe’s largest aerospace multinational, Airbus, along with three men over alleged corruption in an arms deal with Saudi Arabia.’
The Guardian, 30th July 2020
Source: www.theguardian.com
‘The High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement. The judgment provides a helpful discussion of the case law concerning the principles of contractual interpretation and implied terms (including on the basis of the Braganza v BP Shipping Ltd and Socimer International Bank v Standard Bank London line of cases and relational contracts). The judgment also serves as a reminder to practitioners that evidence of statements made in precontractual negotiations, including mutual understanding (subject to limited exceptions) are generally inadmissible to assist with the interpretation of a concluded contract. Written by Rebecca Farrell, counsel, at 3 Paper Buildings.’
3PB, July 2020
Source: www.3pb.co.uk
‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’
NIPC Law, 20th July 2020
Source: nipclaw.blogspot.com
‘The impact of the COVID-19 pandemic on global air travel has been unprecedented. The UN agency, the International Civil Aviation Organization (ICAO), estimates that for the first quarter of 2020, there has been a reduction of 612 million passengers compared with 2019, with domestic and international air traffic expected to decrease by 50% for 2020 as a whole, as compared to 2019 figures. The global trade body, the International Air Transport Association (IATA), estimates US$419bn worth of lost revenue for airlines, representing roughly a 50% reduction in revenues when compared with 2019.’
New Law Journal, 24th June 2020
Source: www.newlawjournal.co.uk
‘According to the government quarantine policy, that came into force on 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. Elsewhere we argued that the quarantine policy is irrational, unreasonable, disproportionate and therefore illegal. Here we argue that the policy was introduced mainly because of public opinion – and that public opinion in this case is an irrelevant consideration, one that should not have been taken into account by government.’
UK Constitutional Law Association, 30th June 2020
Source: ukconstitutionallaw.org
‘As many Britons bask in a summer heatwave, Kylie Neuhaus will remain housebound for the next week or else she could face a fine of up to £1,000.’
Each Other, 24th June 2020
Source: eachother.org.uk
‘Harsh criticism, mainly from politicians and the travel industry has been expressed regarding the new government policy, according to which, and from 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. It is surprising that very little has been said about the clear illegality of this policy, despite a very recent judicial review process that has been brought against the policy by a few airline companies. In this post it is argued that the quarantine policy is irrational, unreasonable and disproportionate – and therefore illegal. A preliminary note about the differences between rationality and reasonableness will be followed by applying rationality, reasonableness and proportionality to our case.’
UK Constitutional Law Association, 17th June 2020
Source: ukconstitutionallaw.org
‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’
The Guardian, 12th June 2020
Source: www.theguardian.com
‘The UK’s new quarantine rules have come into effect from today. What are the new restrictions on international arrivals and how will they be enforced?’
The Guardian, 8th June 2020
Source: www.theguardian.com
‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’
The Guardian, 7th June 2020
Source: www.theguardian.com
‘The world-wide lockdown in response to the Covid-19 pandemic will have an unprecedented financial impact, not only on businesses in all areas of the economy but also on consumers. Public gatherings are banned or strictly limited and events have been cancelled or postponed. Future travel plans remain uncertain, with the borders of many other countries remaining closed to travellers from the UK and strict 14-day quarantine measures set to be imposed on those entering the UK from the end of May. Many companies are refusing or delaying offering refunds to affected consumers, who may have to resort to litigation to protect their rights. This alerter provides a broad overview of several affected areas, including package holidays, travel, holiday accommodation and events.’
Henderson Chambers, 19th May 2020
Source: www.hendersonchambers.co.uk
‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’
3PB, 4th May 2020
Source: www.3pb.co.uk
‘The aviation sector is in unchartered territory. Passenger air travel across the globe has virtually come to a halt, with no immediate end in sight. The plethora of issues facing airlines include rights and obligations arising out of aircraft leasing, accepting state aid to stay afloat and the prospect of passenger claims arising out of the cancellation of flights. In this article, we consider the legal implications of cancelling flights pursuant to Regulation (EC) No. 261/2004 [“the Regulation”].’
The 36 Group, 7th April 2020
Source: 36group.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of rejecting an agreement between the Solicitors Regulation Authority (SRA) and a solicitor who broke the rules through his involvement with flight delay compensation claims.’
Legal Futures, 7th April 2020
Source: www.legalfutures.co.uk
‘The aviation industry is currently responsible for around 2% of carbon emissions globally each year, and this is forecast to triple by 20502. With this projected rate in mind, members of the Sustainable Aviation coalition, which includes most major airlines and airports, as well as aerospace manufacturers, are planning to sign a commitment to reach zero net carbon emissions by 2050, with a third of the reduction being achieved through carbon offsetting.’
4 KBW, 7th February 2020
Source: www.4kbw.net
‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’
Henderson Chambers, 30th January 2020
Source: www.hendersonchambers.co.uk
‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’
OUT-LAW.com, 4th February 2020
Source: www.pinsentmasons.com
‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’
Legal Futures, 29th January 2020
Source: www.legalfutures.co.uk
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