We need to understand and ensure risks are managed in a system-wide way. These forms of combined travel are protected as a package under the Directive; in particular, where the travel services are booked at the same time and as part of the same booking process or where they are offered for an inclusive price. The proposal has made some progress with the CAA providing a written judgment in May 2020 to confirm that there would be no change to the design of flight paths in or out of the airport as a result of the new runway, which would have been an extensive process to undertake. The CAA maintains the United Kingdom Aircraft Mortgage Register (pursuant to the Mortgaging of Aircraft Order 1972). A search of the United Kingdom Aircraft Mortgage Register for entries registered against relevant aircraft can be made by submitting a CAA Form CA350 (obtained from www.caa.co.uk) to the CAA. Parties now also need to ensure that their agreement satisfies the exemption criteria of section 9 CA 1998 and (save for where the agreement relates to wholly-UK matters only) Article 101(3) TFEU, on which section 9 is closely based. The change was outside the parties control. Leases and other charges not constituting in rem rights in a G-registered aircraft (such as mortgages) cannot be registered, and there is no separate register maintained by the CAA for the registration of ownership rights in engines or parts. UK Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005. it is to be given a purposive construction taking recitals into account; the process of interpretation includes provisions of international law incorporated into Regulation 261 by reference; and. In this case, a non-EU carrier was operating services from the UK to the USA via Canada, where the passenger was to make a connection. Commercial claims (see below) should be pursued in the Commercial Court of the Queens Bench Division of the High Court, or in the County Court. In most instances, the trial judge will be considered best placed to judge the facts of the case. On 2 December 2015, a provisional deal was reached by the European Parliament and Council on an EU Directive regulating the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and was endorsed by the Civil Liberties, Justice and Home Affairs Committee on 10 December 2015. Some airlines and airports are members of alternate dispute resolution bodies (ADR). The airline sought to defend a claim for compensation for delay on the basis that the Captain was unexpectedly unwell and this amounted to extraordinary circumstances. The CAA exercises certain licensing and other powers under EU Regulations, notably in connection with operational safety and airworthiness. As a Regulation, it has direct effect in each EU Member State as well as the Member States of the European Economic Area (EEA). Passenger numbers would increase from 45.7 million to 6875 million by 2038 if the runway project went ahead. In the Alitalia/Volare case, the Italian Competition Authority considered the codeshare agreement restrictive but the decision was reversed by the court (both first instance and second instance), and in the Alitalia/Minerva case, the Authority considered the codeshare agreement not to be restrictive. The Court will only intervene if the arbitrators decision is obviously wrong or the question is one of general public importance and the decision of the tribunal is at least open to serious doubt. Under Part 1 Article 5(4) of the Air Navigation Order 2009, if an aircraft is chartered by demise to a person qualified under paragraph (1), the CAA may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in the United Kingdom in the name of the charterer by demise if it is satisfied that the aircraft may otherwise be properly registered. It is also not clear how long parties must wait before being able to rely on frustration does a few months delay in being able to perform a duty render the contract impossible or must they wait longer? In LE v Transport Aereos Portugueses SA, where a violent and unruly passenger caused a flight delay, the defendant successfully argued that they were not liable to pay compensation and sought to rely on Article 5(3), which is the extraordinary circumstances defence. Pursuant to Part 6 (Service of Documents) of the Civil Procedure Rules, where the claim form is being served in the jurisdiction (defined as England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales), a claim may be served by a number of methods including (without limitation) by personal service, first-class post, or by service on the defendants solicitors, fax or other means of electronic communication. A relevant merger situation under the UK merger rules arises where: With the exception of special cases of mergers involving newspapers, broadcasters or water companies, there is no obligation to notify proposed or completed mergers. We are a public corporation, established by Parliament in 1972 as an independent specialist aviation regulator. Trademarks, patents and designs are registrable with the IPO. The CMA has a wide range of powers, including to prevent the merger proceeding or divestment if the proceeding has already taken place. It is worth noting that, although it does not change any relevant provisions of English law as regards the creation of in rem security interests generally, that law will not apply to determine whether an international interest under the CTC is validly created. In light of the coronavirus pandemic, many people and businesses have been forced to rely on these clauses in order to suspend their contractual obligations. Again, permission to appeal is required. Mergers (including, acquisitions and full-function joint ventures) are not subject to a system of mandatory notification in the UK. In October 2018, London Gatwick, the UKs second-busiest airport, published proposals to move its standby runway to use it for short-haul flights by the mid-2020s. Under the Air Navigation Order 2009, an aircraft registered in a State other than the UK must not take on board or discharge any passengers or cargo in the UK for valuable consideration without an operating permit granted by the Secretary of State. When the Brexit transition period ended on 31 December 2020, European trademark-holders were automatically granted cloned UK registrations. 2.4 As a matter of local law, is there any concept of title annexation, whereby ownership or security interests in a single engine are at risk of automatic transfer or other prejudice when installed on-wing on an aircraft owned by another party? As regards the lessor of an aircraft registered with the CAA, theoretically it is permitted to take enforcement action to repossess the aircraft following a default by the lessee concerned on the relevant lease terms, without enforcing through the courts, i.e. Although there is no rigid financial limit, a claim for less than 200,000 is likely to be transferred out of the Commercial Court unless it involves a point of special commercial interest. 2.6 Is your jurisdiction a signatory to the main international Conventions (Montreal, Geneva and Cape Town)? In relation to codeshare agreements, neither national nor European competition laws provide specific rules; the legal test applied being based on the exemption criteria of Article 101(3) TFEU and/or the corresponding provisions of the competition laws of the EU Member States. In October 2016, HM Government approved a third runway at Heathrow to expand the UKs airport capacity. A failure to do so can incur a fine of up to 1,000. The definition of a serious irregularity includes exceeding the arbitrators powers, failure to comply with the general duties imposed on the arbitrator or failure to deal with all the issues. An appeal from factual findings is usually difficult to pursue. Ipeco Holdings Limited, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, Thank you very much for sending me the above mentioned book (Litigation & Dispute Resolution). London City Airport is owned by a Canadian consortium which is comprised of AIMCo, OMERS, Ontario Teachers Pension Plan and Wren House Infrastructure Management. Foreign-domiciled companies may operate in the UK without registering a UK company or branch. Some of these bodies have been approved by the CAA for providing a high standard of dispute resolution for consumer disputes stemming from a contract for aviation services; others will have been approved by other EU Member States. By way of example only, restrictions and taxes which apply to international but not domestic carriers. The United Kingdom Register of Civil Aircraft, maintained by the United Kingdom CAA, is not a register of legal ownership, and therefore registration of ownership does not constitute proof of ownership of a particular aircraft. 3.2 Is there a regime of self-help available to a lessor or a financier of an aircraft if it needs to reacquire possession of the aircraft or enforce any of its rights under the lease/finance agreement? It should be noted, however, that this priority position of an aircraft mortgage is nevertheless subject to certain other in rem rights (liens) of third parties to retain or detain the relevant aircraft until a claim for payment (e.g. Broadly, the DPA 2018 applies to the processing (such as obtaining, recording, holding, using, disclosing or erasing) of personal data. Remedies vary depending on the nature of the dispute. Interestingly, the coronavirus pandemic is thought to have encouraged this new proposal, as there have been calls to reform air traffic management in order to make it easier to adapt traffic capacities in accordance with demand (or a lack of, as has been the case during the pandemic). There is no domestic legislation prohibiting the detention of commercial transport aircraft. We are the enforcement body in the UK for the laws that cover air passenger rights when flights are delayed or cancelled, or when passengers are downgraded or denied boarding. Eight insurers had some of their policy wording considered by the court. EU Regulation 376/2014 on the investigation and prevention of accidents and incidents in civil aviation. The obligations under the DPA 2018 are on the data controller, who is the person that determines how personal information can be processed. in respect of maintenance or repair of the aircraft or in respect of an unpaid purchase price for the aircraft) has been satisfied. Under the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005, the CAA is responsible for enforcement of the operators compliance with these rules; the Air Transport Users Council is the body to receive complaints. The CAA will then confirm, in writing, to the applicant once an aircraft mortgage registration application is successful. The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018, which came into force on 25 May 2018, implemented the PNR Directive in the UK. These clauses have to be read extremely closely in order to determine whether they enable a party to suspend their obligations. If the clause does not explicitly address costs being recoverable in the occurrence of a triggering event, the general common law position is that costs are not recoverable. 3.4 What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties? The DPA 2018 further sets out derogations and exemptions to the GDPR that will apply in the UK. For the sake of completeness, it should be noted that the Bills of Sale Acts 1878 and 1882 allow seizure of an aircraft (or aviation asset) on the occurrence of certain events of default (as specified in the Acts) relating to a security bill of sale. UK Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996. First and Business Class ticket passengers are less price-sensitive than Economy ticket users. The UK Government requires that our costs are met entirely from charges to those we provide a service to or regulate. Most destinations still require a negative coronavirus test result to be produced before flying or upon arrival, and it remains to be seen how long this guidance will be in place. Do you need help getting a refund? It requires more systematic collection, use and retention of PNR data on air passengers, and therefore has an impact on the rights to privacy and data protection. The Civil Aviation (Chargeable Air Services) (Records) Regulations 2001 govern the format and content of the aircraft movement log, which must be kept at any airport pursuant to section 88 of the Civil Aviation Act 1982. The limited case law in English law, which applies as precedent to the matter of the priority of aircraft liens and statutory detention rights, suggests strongly that an aircraft lien or statutory detention right will take priority over a registered aircraft mortgage. Find out about the Energy Bills Support Scheme, Air travel checklist for travel from the UK, Boost for aspiring young aviators as government provides funding for outreach programmes, Civil Aviation Authority annual progress report, Air passenger experience of security screening: 2019, Commercial spaceflight: insurance and liabilities requirements, See all transparency and freedom of information releases. In June 2018, Parliament approved the plans for the third runway at Heathrow. The legislation applicable to UK merger control is the Enterprise Act 2002 (the Act). Under the Civil Aviation Act 1982, the person managing or owning an aerodrome may detain an aircraft where its operator has not paid the applicable airport charges in respect of that aircraft, or of any other aircraft, which that operator operates. In Lipton & Anor v BA City Flyer Ltd [2021] EWCA Civ 454, the English Court of Appeal detailed how Regulation 261 claims will operate in the UK following Brexit. Today, 191 states worldwide are members of ICAO. The DPA 2018 creates several criminal offences, including (amongst others) unlawfully obtaining personal data, selling personal data obtained unlawfully, altering personal data to prevent disclosure to the data subject, failing to comply with an enforcement notice and making a false statement in response to an information notice. 1.11 Are there any specifically environment-related obligations or risks for aircraft owners, airlines, financiers, or airports in your jurisdiction, and to what extent is your jurisdiction a participant in (a) the EU Emissions Trading System (EU ETS) or a national equivalent, and (b) ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)? Furthermore, there is a new accountability principle in the GDPR which specifically requires data controllers and processors to take responsibility for complying with the principles and to have appropriate processes and records in place to demonstrate that they comply. 4.8 What are the main regulatory instruments governing the acquisition, retention and use of passenger data, and what rights do passengers have in respect of their data which is held by airlines and airports? Londons Heathrow and Gatwick currently hold licences, which include conditions relating to price controls, service quality and operational resilience. Travelport, Amadeus, Sabre, etc. the drone cannot be flown above 400ft in altitude or 500m horizontally from the pilot; a drone weighing more than 250g must be registered with the CAA and the drone pilot must complete an online safety test, obtaining a Flyer ID and an Operator ID that should be attached to the drone; the drone must not be flown within 50m of people, vehicles, buildings or vessels (unless the drone weighs less than 250g); and. UK-registered companies are not required to have a local shareholder or director; they just need to have a registered address in the UK. Where more than one airport in a city at one end of the route offers passenger air transport services, this must be assessed for market definition purposes. The EASA is a EU agency and applies to all of EU, very similar to how the FAA is a US agency that applies to all of the US. However, it is possible, and will in many cases be advisable, to notify the CMA, since if a merger may result in a substantial lessening of competition in the UK market, failure to obtain prior clearance risks a reference to a more in-depth investigation and analysis by the CMA (known as a Phase 2 investigation), with the possible consequences described below, which may include a requirement that the purchaser divests. The registration fees for an aircraft mortgage by the CAA vary according to the maximum take-off weight (MTOW) of the subject aircraft. Civil Aviation (Insurance) Regulations 2005 Statutory Instrument No 1089 2005. Liens in favour of maintenance organisations are widely considered to arise in common law; however, in the majority of cases the right of lien is expressed contractually and there is no requirement for improvement. As outlined in question 1.1 above, this Regulation protects passengers in the event of cancellation or long delay. UK - EU Transition, and UK Civil Aviation Regulations. If an exemption is sought, specific details of the drone (including photographs and schematic diagrams) should be submitted to the CAA. The CTC entered into force in the United Kingdom and thereby became effective as United Kingdom national law on 1 November 2015 following its ratification on 27 July 2015, as implemented by the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 and several declarations. They are privately owned. It may be necessary for the claimant to obtain the courts permission in certain circumstances, e.g., where no agent for service of process is appointed, to serve a claim form on a defendant located outside the courts jurisdiction. The court will serve the claim form (subject to certain exceptions, for example, where the claimant has notified the court that the claimant wishes to serve it). However, where a merger falls outside the turnover thresholds of the EU Merger Control Regulation 139/2004, but falls within the definition of relevant merger situation within the Act (see below), the CMA will have jurisdiction to investigate it within four months of completion or the date it was made public, whichever is later (discussed below). This will depend entirely on the CTC and its requirements in the case of an aircraft, debtor location or aircraft registration in a CTC country (and compliance with the formalities set out in Article 7 of the CTC), and an aircraft mortgagee may be able to rely on the rights and remedies available under the CTC for such international interest in the relevant aircraft. the outcome of the claim is of importance to the public in general. 1. This work concludes that the current safety level of recreational General Aviation in the UK is acceptable viewed in terms of its unavoidably greater risk than commercial aviation, the much higher risk acceptability of voluntary . The EC based their decision on the fact that the Code no longer reflects market reality and that it may be revised in the future. Dont include personal or financial information like your National Insurance number or credit card details. Several different international and UK Government bodies have a role in the environmental regulation of aviation in the UK. Airport operators have also been held liable where there was a known hazard and no effective system to discover and disperse birds, leading to bird strikes. The UK is a party to the Chicago Convention 1944. The United Kingdom was a signatory to the Geneva Convention in 1948 but has not ratified it. The Court of Justice of the European Union (CJEU) ruled that the defence could be relied upon because the circumstances could not have been avoided even if all reasonable measures were taken. It is also possible to challenge the arbitrators award on the basis of a serious irregularity (section 67 of the Arbitration Act 1996). There is CAA for the UK Civil Aviation Authority, the FAA for the US Federal Aviation Administration, and EASA for the European Aviation Safety Agency, not to mention more technical additions such as ETOPS, SAF, and eVTOL. Force majeure clauses are designed for an event that may occur out of a partys control and which result in a party no longer being able to perform its obligations under the contract. The Air Accidents Investigations Branch (AAIB) is responsible for the investigation of civil aircraft accidents and serious incidents in the UK. 4.17 Is vertical integration permitted between air operators and airports (and, if so, under what conditions)? 1 Answer. Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. the CAA for unpaid airport and air navigation charges, the UK Environment Agency for unpaid penalties under the European Emissions Trading Scheme, and HM Revenue & Customs in respect of unpaid taxes). Air Carrier Liability (No 2) Regulations 2004 Statutory Instrument No 1974 2004. Airport charges means: (a) charges levied on operators of aircraft in connection with the landing, parking or taking-off of aircraft at the airport (but excluding charges for air navigation services and certain penalties in connection with aircraft noise and vibration caused by aircraft); and (b) charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air. In these circumstances, the mortgagee or the lessor (as the case may be) will be required to provide a cross-indemnity for any third-party claims arising from a sudden detention of the aircraft (not, however, in favour of the relevant mortgagor, lessee or operator of the relevant aircraft, on the basis that it is assumed that an appropriate indemnity from such party has already been given in respect of, among other things, losses arising from the repossession of the relevant aircraft following a default). This has an impact on carriers, as it has a scope which extends beyond the traditional holiday package booked through a tour operator, and covers many other forms of combined travel (for example, fly-drive holidays and flight-hotel bookings). Speak to our team on 0370 900 0100 from inside the UK, or +44 330 . Please note, if you use information and guidance under the Headings, the references to EU regulations or EU websites in our guidance will not be an accurate information or description of your obligations under UK law. Drone-related offences are punishable by up to five years imprisonment. We'd also like to use optional analytics cookies to help us improve it. The data controller remains legally responsible for the processing of personal data by the data processor. Nevertheless, in practice, it is generally advisable for the lessor or the mortgagee of a relevant aircraft registered with the CAA to pursue an application for repossession of the aircraft in court, particularly if there is any question as to whether a default has actually occurred and/or the relevant mortgagor or lessee of the aircraft concerned resists or is likely to resist repossession. The Secure Aviation Data Information System (SADIS) supplies World Area Forecast System (WAFS) and OPerational METeorology (OPMET) data to aviation users in Europe, Africa, and parts of Asia. Role of regulatory bodies, in relation to aviation: role of regulatory bodies (to establish the rules and regulations that govern the industry, to promulgate rules and regulations and to ensure compliance with rules and regulations) International Civil Aviation Organization (ICAO) Civil Aviation Authority (CAA) UK Border Force National Air . In the SAS/Maersk Air case, in which the parties notified a codeshare agreement to the EC for clearance, with an underlying cartel agreement in the form of a broad market-sharing agreement between the parties, the EC concluded that this agreement was a serious infringement of competition and fined the parties a total of 52.5 million, which was confirmed by the EU Court of First Instance (see COMP/37.444 SAS/Maersk Air and COMP/37.386 SUN Air/SAS and Maersk Air, 18 July 2001 (2001/716 EG) confirmed by CFI decision T-241/01, 18 July 2005). The significant distinction between the doctrines of force majeure and frustration is that frustration ends the entirety of the contract, whereas force majeure may discharge a party from a standalone obligation. United Kingdom Chapter It provides a very useful overview on civil procedure in a wide range of countries (not only the usual suspects as England, US, France and Germany, but many more). For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? Please enter your comments below, or use our usual service contacts if a specific matter requires an answer. There is no prohibition of vertical integration between air operators and airports. The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. Even in the case of a conditional sale where rental payments are effectively instalment payments of the purchase price, it is well understood in law that a seller is protected if the lessee defaults and that a seller maintains ownership of the asset and can claim repossession and all the other benefits of ownership notwithstanding many months or even years of possession and payment by the lessee beforehand. The outcome will continue to be of interest as a number of other airlines have announced similar introductions to incentivise the use of their own, or new distribution capability, booking systems. Gatwick has confirmed that the second runway still forms part of its long-term recovery plans despite the impact of the coronavirus pandemic on aviation and travel and, at the time of writing, Gatwicks plans are at the stage of public consultation, which was scheduled to close on 1 December 2021. These pages are undergoing reviews and updates. The delay therefore occurred wholly outside the UK. The concept of force majeure is closely linked to the concept of frustration. Search fees are currently 31 per aircraft and are revised on an annual basis. There are various pieces of legislation that must be adhered to in relation to noise. In addition, on 27 October 2016 the Commission closed an investigation it had opened in February 2011 on free-flow parallel hub-to-hub codeshare arrangements between Lufthansa and Turkish Airlines, finding: that Lufthansa and Turkish Airlines did not have full marketing rights to each others seat inventory; that they applied differing pricing strategies; and that the codeshare accounted for only a marginal share of the parties sales on the relevant routes. [1] The CAA has been a public corporation of the Department for Transport since then. In practice, this is not a commonly used doctrine as there is a very high threshold to prove it. Heathrow Airport Ltd has stated that they still wish to construct the runway, despite the coronavirus pandemic and, in January 2021, the Supreme Court reversed the Court of Appeals decision that the planned expansion of Heathrow Airport was unlawful on climate change grounds, and determined that the UK Government had taken proper account of the UKs climate change commitments. Another important source of law is European legislation, which has direct application in the UK concerning safety aspects of aircraft, operators, maintenance and design organisations, and personnel in commercial transport. A change in circumstances has occurred after the contract was formed. In recognition of the need for more immediate action, in June 2016 the EC published Interpretative Guidelines on the Regulation, to clarify the understanding of passenger rights in this area. There is also a statutory duty for an airport operator to take care, in all reasonable circumstances, to see that a visitor shall be safe in using the premises for the purposes for which he is invited, or permitted, by the operator, to be there. The most notable recent example occurred at Gatwick in December 2018 when drone sightings caused the cancellation or diversion of around 1,000 flights in the space of 36 hours, affecting over 140,000 passengers. At a macro European level, in May 2018 the European Commission (the EC) dismissed a complaint, brought against Lufthansas 2015 introduction of a 16 surcharge on seats booked through the global distribution suppliers, such as Travelport, Travelsky, Sabre and Amadeus, which alleged breach of Council Regulation (EC) 2299/89 on a code of conduct for computerised reservation systems (the Code). Similarly, the principle for international transfers of personal data previously contained in the DPA 1998 is now dealt with separately in Chapter V of the GDPR. More complex or valuable cases will be heard in the Chancery Division of the High Court. The Court of Appeal found that availability of airline crew was inherent in the airlines operations and absence for sickness, regardless of whether that occurred before or whilst on duty, did not amount to an extraordinary circumstance. 1.1 Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction. Data controllers must ensure that data is processed in accordance with six data protection principles in the DPA 2018; namely that personal data is: (b) obtained only for specified, explicit and legitimate purposes; (c) adequate, relevant and not excessive for the purposes; (e) not kept for longer than is necessary; and.
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