Practice

Philip’s aviation practice includes disputes relating to operating and finance leases, sale and purchase agreements, aviation related contracts, insurance, product liability, class actions, slots, and regulation. Philip was leading counsel in the landmark leasing case ACG v Olympic Airlines concerning the allocation of risk in operating leases and that defined the meaning of airworthiness in English law. Philip also gives expert evidence on English law for foreign courts.

Philip has decades of experience in litigation arising from air accidents including Air France AF 447, Malaysian Airlines MH 370, Ethiopian Airlines ET302 (Boeing’s new 737 Max 8), Lockerbie Pan Am 106, Bristow Helicopters Flight 56C, Kenya Airways Flight 507 and British Midland Airways 092 (Kegworth)

Current cases include operating lease disputes arising out of the effects of the Covid 19 pandemic, alleged frustration of operating leases and sale and purchase and sale and leaseback contracts, return conditions, whether a lease should be subject to rectification, liability to pay enhanced rent and interest following an event of default and whether they amount to penalties, whether lessee induced to enter multiple operating leases by fraudulent misrepresentations as to capacity of manufacturer to support a new aircraft type and dispatch reliability, claims relating to leasing and sale and leaseback of Boeing 737 Max 8 and 9.

Philip was also instructed as lead counsel on behalf of Qatar Airways in its highly publicised dispute with Airbus which concerned alleged manufacturing and design defects in the A350 aircraft and cancellation of a contract for 50 A321 Neo aircraft, as well as multiple contracts for the design and manufacture of long range aircraft worth over $2bn. The trial was due to be heard in the High Court in London during the summer of 2023 before it settled in February the same year.

Philip is currently instructed by several prominent US law firms in insurance claims arising out of Russian sanctions.

Philip is also instructed by the Claimant’s against Leonardo in a claim arising from the fatal helicopter crash at Leicester City Football Ground in 2018.

Approach

Philip is acknowledged by clients, solicitors and barristers as being a formidable courtroom advocate, as well as approachable, easy to work with and a team player.

The Legal 500 2020 recommends Philip. He is said to be ‘highly intelligent and focused – a great advocate with an incisive mind‘ and is seen as ‘Outstanding’. ‘He has a natural gravitas combined with an instinctive sense of the commercial realities of a dispute.’

Chambers & Partners 2020 recommends Philip in Aviation, Commercial Dispute Resolution and Travel. ‘Philip’s legal expertise is reassuringly evident. He immerses himself in the case before him and is also approachable and commercial in his advice and thinking.’ One instructing solicitor said ‘He’s a tenacious cross-examiner who will fight tooth and nail for his client’. He has been described as ‘A seasoned practitioner with an unrivalled specialism in aviation law’ as well as ‘Outstanding for aviation work.’ Solicitors see Philip as ‘a very tough operator and a good advocate’.

Conflicts

The prime reason for Philip operating from his own chambers was to reduce the possibility of conflicts of interest, which were more likely to arise when leading members of the aviation team in a large set of chambers.