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  1. Legal news
    09 July 2020
    The English Court of Appeal decision in CAA v Jet2.com may mean that not all communications by in-house lawyers will be covered by legal advice privilege
    www.twobirds.com/en/news/articles/2020/uk/the-english-court-of-appeal-decision-in-caa-v-jet2-com-may-mean-that-not-all-communications

    Earlier this year the English Court of Appeal, in an important judgment on legal advice privilege(“LAP”) clarified that a "dominant purpose" test applies when assessing if a communication or document is protected by ...

  2. Legal news
    31 January 2020
    English court decides aircraft diversion for passenger illness is not an "extraordinary circumstance" for the purposes of Regulation 261
    www.twobirds.com/en/news/articles/2020/uk/english-court-decides-aircraft-diversion-for-passenger-illness-is-not-an-extraordinary-circumstance

    Our Aviation team look at a recent Regulation 261 case surrounding passenger illness which will have significant consequences for many airlines looking to blance passenger safety with financial performance.

  3. Legal news
    22 September 2020
    Understanding ‘unavoidable and foreseeable’: an interpretation of Regulation 1008/2008
    www.twobirds.com/en/news/articles/2020/global/understanding-unavoidable-and-foreseeable-an-interpretation-of-regulation-10082008

    Cases on the price transparency requirements of Regulation (EC) 1008/2008 are relatively infrequent but a potential compliance problem for airlines. In the Air Berlin case in 2017 the Court of Justice of the European ...

  4. Legal news
    12 November 2020
    UK: High Court decides that timing of coronavirus restrictions was not a relevant force majeure event entitling termination of aircraft lease
    www.twobirds.com/en/news/articles/2020/global/high-court-decides-that-timing-of-coronavirus-restrictions

    A number of disputes which stem from the coronavirus pandemic are starting to reach the English courts. It is apparent that in some of these cases the pandemic has provided an excuse for one party to try and terminate ...

  5. Legal news
    13 February 2020
    CJEU: Airlines are liable for accidents to passengers in flight in the absence of an aviation-related hazard
    www.twobirds.com/en/news/articles/2020/global/cjeu-airlines-are-liable-for-accidents-to-passengers-in-flight

    The Court of Justice of the European Union has clarified the scope of what constitutes an “accident” giving rise to liability under article 17(1) Montreal Convention 1999. An airline will be liable for harm caused to a ...

  6. Legal news
    11 March 2020
    How will coronavirus impact the aviation and travel industries?
    www.twobirds.com/en/news/articles/2020/global/how-will-coronavirus-impact-the-aviation-and-travel-industries

    As truly international industries, both aviation and travel have been seriously impacted by the coronavirus (COVID-19) health crisis. With over 100,000 cases confirmed globally, the death toll exceeds 4,000 and some ...

  7. Legal news
    18 March 2020
    Code Sharing Agreements: jurisdiction given to place of departure of first connecting flight for Regulation 261/2004 claims
    www.twobirds.com/en/news/articles/2020/global/code-sharing-agreements-jurisdiction-given-to-place-of-departure-of-first-connecting-flight

    Our Aviation team look at a recent case which highlights the risks associated with code sharing agreements, particularly when it comes to passenger claims associated with delays, denied boarding and cancellations.

  8. Legal news
    14 May 2020
    Cross border: COVID-19 and aviation emissions: what next for CORSIA?
    www.twobirds.com/en/news/articles/2020/global/covid-19-and-aviation-emissions-what-next-for-corsia

    Will lower than anticipated baseline emission levels bring increased CORSIA offset obligations and costs? Our Aviation team look at some of the issues the already hard-hit aviation industry will face when air traffic ...

  9. Legal news
    06 April 2020
    Business contracts and COVID-19: seven topics, five surprises
    www.twobirds.com/en/news/articles/2020/global/business-contracts-and-covid-19-seven-topics-five-surprises

    Partner Andrew White summarises seven key issues regarding commercial contracts and COVID-19, and shares five surprises – points which may not be familiar even to those immersed in the subject.