Civil proceedings for damages or a specified sum may not be started in the High Court unless the value of the claim exceeds 100,000; if not, proceedings should be started in the County Court. 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. The requirement for improvement is now uncertain under English law. capping the percentage by which charges at a particular airport may be increased, by a certain percentage or by reference to a particular index (such as the Retail Price Index)). The UK is a party to the Chicago Convention 1944. 2.2 Is there a register of aircraft mortgages and charges? The Civil Aviation Act 1982 provides for a salvage lien on an aircraft where any services are rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in or over the sea or any tidal water, or on or over the shores or any tidal waters, according to the national and international regulatory framework of the law of maritime salvage. Today, 191 states worldwide are members of ICAO. an injunction order to prevent the other party from doing something until final judgment is reached; and. 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. The CAA is the competent licensing authority in the UK in almost all matters relating to the granting of operating licences. Civil proceedings which include a claim for damages in respect of personal injuries must not be started in the High Court unless the value of the claim is 50,000 or more. 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. There is no domestic legislation prohibiting the detention of commercial transport aircraft. The impact of aviation on the environment has also continued to be discussed more widely this year, and has featured in cases such as the proposed Heathrow expansion. Proposals to amend Regulation 261 have been under consideration for several years but remain to be finalised. The Package Travel and Linked Travel Arrangements Regulations 2018 implemented the Package Travel Directive in the UK on 1 July 2018. In 2020, the FCA brought a business interruption insurance test case in order to clarify issues of contractual uncertainty for policyholders and insurers during the coronavirus pandemic. Several different international and UK Government bodies have a role in the environmental regulation of aviation in the UK. It will take only 2 minutes to fill in. 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). In certain respects, the CAA acts for EASA in the UK. This includes what is intended to happen with the aircraft or aviation asset following a default by the lessee, and there is little prospect of a lessee successfully arguing that it has inadvertently obtained an interest in the property of a third party. The CTC is effective in the United Kingdom but will not be applied retrospectively, i.e. A joint venture between airline competitors would, therefore, have to satisfy the four exemption criteria of section 9 CA 1998 and (save for where such venture relates to exclusively UK routes or operations) Article 101(3) TFEU. The CAA regulates all aviation activity (apart from military). the planning framework operated by local authorities. As part of the application procedure, the CAA may request additional information in order to process an application for registration (for example, a certified copy of a bill of sale evidencing the ownership of the aircraft to be registered). Some intellectual property disputes may be heard initially by the IPO. Yes. Professional associations also act to regulate their memberships. A CAA is a national regulatory body responsible for aviation. The waiting time for a decision will be greater if the CMA has serious concerns or if undertakings by the parties to address competition difficulties have to be explored. At this time, EU Regulation 1008/2008 applies, which sets out at Article 4 (Conditions for granting an operating licence) that an undertaking shall be granted an operating licence by the competent licensing authority of a Member State provided that Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the community is a party. 1.8 Do the airports impose requirements on carriers flying to and from the airports in your jurisdiction? Failure to install, maintain and use the proper equipment to enable aircraft to take off and land safely will attract liability, and there may be liability to passengers of aircraft which crash if there is a failure to have or to use adequate rescue equipment. General aviation in the United Kingdom encompasses a variety of commercial and non-commercial aviation activities. With regard to non-overlapping block space and interlining agreements, these are viewed by EU regulators as pro-competitive and have been accepted subject to commitments by the EC in several merger clearance decisions pursuant to Regulation 139/2004 (please see: Air France/KLM, Case COMP/M. In summary: (a) the agreement should generate efficiency gains for the parties or promote economic progress (e.g. What we do Airlines UK is the trade body for UK registered airlines, with members representing all sectors of the industry. Civil Aviation Authority - GOV.UK 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. Certified copies of the entries on the Mortgage Register are available at 31 per aircraft. Following a new report published by the Civil Aviation Authority (CAA) regarding airline refunds, The Consumer Council is urging the CAA to ensure airlines act responsibly towards their customers, and is urging consumers to act now to secure their refunds. The priority notice remains valid for 14 working days from and including the date of entry, and during this period either the relevant aircraft mortgage must be registered or a further priority notice entered. Federal Aviation Administration. 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.
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