ICO fine for British Airways lands at £20m – Panopticon

Posted October 19th, 2020 in airlines, coronavirus, data protection, fines, news, ombudsmen by sally

‘Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines.’

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Panopticon, 19th October 2020

Source: panopticonblog.com

Serious Fraud Office prosecutes Airbus subsidiary over alleged corruption – The Guardian

‘The Serious Fraud Office (SFO) is prosecuting a UK subsidiary of Europe’s largest aerospace multinational, Airbus, along with three men over alleged corruption in an arms deal with Saudi Arabia.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

No duty to exercise option reasonably or in good faith in engine maintenance agreement (Cathay Pacific Airways Ltd v Lufthansa Technik AG) – 3PB

Posted July 30th, 2020 in airlines, contracts, interpretation, news by sally

‘The High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement. The judgment provides a helpful discussion of the case law concerning the principles of contractual interpretation and implied terms (including on the basis of the Braganza v BP Shipping Ltd and Socimer International Bank v Standard Bank London line of cases and relational contracts). The judgment also serves as a reminder to practitioners that evidence of statements made in precontractual negotiations, including mutual understanding (subject to limited exceptions) are generally inadmissible to assist with the interpretation of a concluded contract. Written by Rebecca Farrell, counsel, at 3 Paper Buildings.’

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3PB, July 2020

Source: www.3pb.co.uk

Copyright – Performing Right Society Ltd v Qatar Airways Group QCS – NIPC Law

‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’

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NIPC Law, 20th July 2020

Source: nipclaw.blogspot.com

Air Travel in the Time of Coronavirus: Taxiing for Take-off Again – New Law Journal

Posted July 8th, 2020 in airlines, coronavirus, news, statistics, transport by sally

‘The impact of the COVID-19 pandemic on global air travel has been unprecedented. The UN agency, the International Civil Aviation Organization (ICAO), estimates that for the first quarter of 2020, there has been a reduction of 612 million passengers compared with 2019, with domestic and international air traffic expected to decrease by 50% for 2020 as a whole, as compared to 2019 figures. The global trade body, the International Air Transport Association (IATA), estimates US$419bn worth of lost revenue for airlines, representing roughly a 50% reduction in revenues when compared with 2019.’

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New Law Journal, 24th June 2020

Source: www.newlawjournal.co.uk

Yossi Nehushtan and Megan Davidson: The UK 14-Day Quarantine Policy: Is Public Opinion a Relevant Consideration? – UK Constitutional Law Association

‘According to the government quarantine policy, that came into force on 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. Elsewhere we argued that the quarantine policy is irrational, unreasonable, disproportionate and therefore illegal. Here we argue that the policy was introduced mainly because of public opinion – and that public opinion in this case is an irrelevant consideration, one that should not have been taken into account by government.’

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UK Constitutional Law Association, 30th June 2020

Source: ukconstitutionallaw.org

What You Should Know About The UK’s 14-Day Quarantine Rule – Each Other

‘As many Britons bask in a summer heatwave, Kylie Neuhaus will remain housebound for the next week or else she could face a fine of up to £1,000.’

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Each Other, 24th June 2020

Source: eachother.org.uk

Yossi Nehushtan: The 14-Day Quarantine Policy is Illegal – UK Constitutional Law Association

‘Harsh criticism, mainly from politicians and the travel industry has been expressed regarding the new government policy, according to which, and from 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. It is surprising that very little has been said about the clear illegality of this policy, despite a very recent judicial review process that has been brought against the policy by a few airline companies. In this post it is argued that the quarantine policy is irrational, unreasonable and disproportionate – and therefore illegal. A preliminary note about the differences between rationality and reasonableness will be followed by applying rationality, reasonableness and proportionality to our case.’

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UK Constitutional Law Association, 17th June 2020

Source: ukconstitutionallaw.org

BA, easyJet and Ryanair begin court action over UK quarantine rules – The Guardian

‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

What are the UK’s new quarantine rules? – The Guardian

Posted June 9th, 2020 in airlines, coronavirus, health, news, regulations by sally

‘The UK’s new quarantine rules have come into effect from today. What are the new restrictions on international arrivals and how will they be enforced?’

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The Guardian, 8th June 2020

Source: www.theguardian.com

UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian

‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’

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The Guardian, 7th June 2020

Source: www.theguardian.com

Travel and Holiday Claims amid a Global Lockdown – Henderson Chambers

Posted May 29th, 2020 in airlines, contracts, coronavirus, EC law, holidays, hotels, news, regulations, transport by sally

‘The world-wide lockdown in response to the Covid-19 pandemic will have an unprecedented financial impact, not only on businesses in all areas of the economy but also on consumers. Public gatherings are banned or strictly limited and events have been cancelled or postponed. Future travel plans remain uncertain, with the borders of many other countries remaining closed to travellers from the UK and strict 14-day quarantine measures set to be imposed on those entering the UK from the end of May. Many companies are refusing or delaying offering refunds to affected consumers, who may have to resort to litigation to protect their rights. This alerter provides a broad overview of several affected areas, including package holidays, travel, holiday accommodation and events.’

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Henderson Chambers, 19th May 2020

Source: www.hendersonchambers.co.uk

Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB

Posted May 12th, 2020 in airlines, chambers articles, coronavirus, holidays, insurance, news by sally

‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Aviation during Covid-19: Defending passenger claims – The 36 Group

Posted April 17th, 2020 in airlines, chambers articles, consumer protection, coronavirus, news by sally

‘The aviation sector is in unchartered territory. Passenger air travel across the globe has virtually come to a halt, with no immediate end in sight. The plethora of issues facing airlines include rights and obligations arising out of aircraft leasing, accepting state aid to stay afloat and the prospect of passenger claims arising out of the cancellation of flights. In this article, we consider the legal implications of cancelling flights pursuant to Regulation (EC) No. 261/2004 [“the Regulation”].’

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The 36 Group, 7th April 2020

Source: 36group.co.uk

Tribunal rejects SRA deal with flight delay solicitor – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of rejecting an agreement between the Solicitors Regulation Authority (SRA) and a solicitor who broke the rules through his involvement with flight delay compensation claims.’

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Legal Futures, 7th April 2020

Source: www.legalfutures.co.uk

Can the aviation industry reach a net of zero carbon emissions by 2050? – 4 KBW

Posted February 11th, 2020 in airlines, airports, environmental protection, news by sally

‘The aviation industry is currently responsible for around 2% of carbon emissions globally each year, and this is forecast to triple by 20502. With this projected rate in mind, members of the Sustainable Aviation coalition, which includes most major airlines and airports, as well as aerospace manufacturers, are planning to sign a commitment to reach zero net carbon emissions by 2050, with a third of the reduction being achieved through carbon offsetting.’

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4 KBW, 7th February 2020

Source: www.4kbw.net

Court of Appeal adopts dominant purpose test – Henderson Chambers

‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’

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Henderson Chambers, 30th January 2020

Source: www.hendersonchambers.co.uk

Appeal court confirms ‘dominant purpose’ test for legal advice privilege – OUT-LAW.com

‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’

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OUT-LAW.com, 4th February 2020

Source: www.pinsentmasons.com

Legal advice must be “dominant purpose” for privilege to apply – Legal Futures

‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Supreme Court to review equitable lien ruling – Litigation Futures

Posted December 6th, 2019 in airlines, compensation, delay, equity, fees, news, Supreme Court by sally

‘The Supreme Court is to review a controversial ruling that a law firm handling uncontested flight delay claims was not conducting litigation and so did not have an equitable lien over the compensation.’

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Litigation Futures, 5th December 2019

Source: www.litigationfutures.com