Aviation and aerospace

Aviation disputes often involve complex contractual, regulatory and operational issues with significant commercial consequences. Burges Salmon’s aviation lawyers help airlines, airports, lessors, manufacturers and other sector participants resolve disputes through negotiation, mediation, High Court litigation or arbitration. Common areas include aircraft and engine leasing disputes, operational disruption claims, contractual disputes, regulatory investigations and enforcement action, and challenges to decisions taken by regulators or government bodies.

Aviation is governed by a complex and evolving framework of UK, European and international laws and conventions, including the Chicago Convention framework and related international agreements. Burges Salmon combines extensive disputes experience with deep sector knowledge, advising airlines and other aviation businesses on some of their most significant commercial, operational and regulatory challenges. Our understanding of the legal framework, market practice and commercial realities of the aviation sector enables us to provide practical advice that helps clients manage risk and minimise operational disruption, protect key business relationships and achieve their strategic objectives.

Passenger claims under UK261 and EU261 can arise following delays, cancellations, denied boarding and missed connections. Airlines should assess the cause of the disruption, the availability of any extraordinary circumstances defence, the quality of their operational evidence and record-keeping, and the wider consumer protection framework applicable to their customer communications and claims handling processes. Depending on the nature of the claim, airlines may also need to consider liabilities arising under the Montreal Convention and other applicable passenger rights frameworks at a regional or national level.

Airlines must also navigate a rapidly evolving legal landscape, including recent and proposed reforms to passenger rights regimes in both the UK and EU. Effective management of high-volume claims, including those brought by claimant representatives and claims management companies, often requires a coordinated strategy that balances litigation risk, regulatory compliance, operational considerations and customer experience.

At Burges Salmon, our aviation team has advised airlines on passenger claims throughout a period of significant development in passenger rights legislation, case law and claimant strategies. This experience enables us to provide considered, commercially focused advice on claims handling, regulatory engagement and litigation strategy.

As an experienced aviation law firm, we help airlines respond to individual and large-scale claims efficiently and strategically, while minimising legal, regulatory and reputational risk.

Regulatory investigations can involve requests for information, audits, inspections and enforcement action by bodies such as the Civil Aviation Authority (CAA), Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA). Early engagement, careful management of communications and documentation, and a clear understanding of the applicable regulatory framework are often critical to achieving the best outcome. This is particularly important given the increasing enforcement powers available to regulators in the aviation and consumer protection sectors and an increasing appetite on the part of the regulators to take more assertive action…

Investigations frequently move at pace and can have significant operational, commercial and reputational implications. Aviation businesses should be prepared to respond promptly to requests for information, preserve and manage relevant documents, and ensure that communications with regulators are carefully coordinated. At a time when regulatory regimes are constantly evolving, aviation businesses must also be aware of their legal rights, the powers and responsibilities of their regulators and, where necessary, the tools available to push back against regulatory overreach.

At Burges Salmon, our aviation lawyers support airlines, airports and other aviation businesses throughout the lifecycle of regulatory investigations, helping clients engage constructively with regulators while protecting their legal and commercial interests. We also advise on enforcement action, appeals, settlement options and challenges to regulatory decision-making where appropriate.

Sustainable aviation fuel (SAF) projects can raise a wide range of legal issues spanning aviation, energy, infrastructure and environmental regulation. Businesses may require advice on project development, planning and permitting, commercial and supply arrangements, equity investments, funding structures, construction contracts, sustainability claims and compliance with evolving decarbonisation requirements, including frameworks such as the UK’s SAF mandate, ReFuelEU Aviation, CORSIA and renewable energy legislation.

SAF projects often bring together airlines, fuel producers, investors, technology providers, feedstock suppliers and public sector stakeholders. As a result, legal support frequently extends beyond traditional aviation law into project development, procurement, corporate transactions, regulatory compliance and long-term contractual arrangements.

At Burges Salmon, we have advised on SAF projects from multiple perspectives, including airlines, SAF developers, investors and offtakers. Our experience includes advising on SAF offtake and reservation agreements, airline investments into SAF developers, project structuring, regulatory compliance, feedstock arrangements and the commercial agreements that underpin SAF production and supply. This combination of aviation, energy, environmental and infrastructure expertise enables us to provide practical, commercially focused advice throughout the lifecycle of a SAF project.

Aircraft leasing disputes can arise throughout the lifecycle of a lease, including during delivery, operation and redelivery. Common issues include maintenance obligations, technical condition, return conditions, reserves, breaches of lease terms, repossession rights and recovery of aircraft. These disputes can involve substantial financial exposure and may be resolved through negotiation, mediation, High Court litigation or international arbitration, as well as the use of Cape Town Convention remedies.

Aircraft leasing disputes often require more than purely legal analysis. Technical issues relating to aircraft maintenance, airworthiness, records, modifications, engine performance and redelivery conditions frequently sit at the heart of the dispute, which in turn sits within a complex ecosystem of OEMs, financiers, lessors and lessees.  Effective resolution therefore requires aviation lawyers who understand both the legal framework and the operational, commercial and technical realities of the aviation industry.

Burges Salmon’s aviation lawyers regularly advise airlines, lessors and other aviation businesses on complex commercial disputes involving aircraft assets. We combine disputes expertise with a detailed understanding of aviation operations, aircraft leasing structures and the regulatory framework governing aircraft ownership and leasing arrangements. Working alongside leading aviation counsel, technical experts, industry specialists and local counsel where required, we help clients protect their commercial position and achieve practical, commercially focused outcomes.

In some cases, disputes may also arise in the context of aircraft acquisitions, restructurings, insolvencies and aviation financing arrangements, requiring coordinated advice across multiple legal and commercial issues. At Burges Salmon, we are experienced in deploying cross-practice multi-jurisdictional teams to unlock this kind of dispute.

Aviation incidents can give rise to parallel legal, regulatory and operational challenges. Businesses may need to navigate accident investigations, health and safety requirements, regulatory scrutiny, insurance issues, contractual claims, passenger claims and reputational risk.

In the event of a serious accident, organisations may also become involved in investigations conducted under the ICAO Annex 13 framework, alongside regulatory investigations, inquests, civil claims and potential criminal or enforcement proceedings. Managing these parallel processes requires careful coordination and a clear understanding of the different legal and regulatory objectives involved.

It is also important to recognise that, following an accident or significant incident, the interests of operators, insurers, employees and other stakeholders may not always align. Receiving independent legal advice at an early stage can help identify and manage potential conflicts of interest, protect legal privilege and ensure that individuals and organisations are appropriately represented throughout the investigation and claims process.

Members of Burges Salmon’s aviation team have advised clients in connection with high-profile aviation accidents and incidents involving both commercial aircraft and rotary-wing operations. We work closely with clients, insurers, technical experts and specialist counsel to help manage legal risk, respond to investigations and protect our clients’ long-term commercial interests.