In line with the trend towards mega-trials, the Commercial Court in October is due to hear the highly publicised Russian aircraft insurance claims, with aircraft lessors bringing multiple proceedings across a range of jurisdictions.
The losses arise from the detention of hundreds of commercial aircraft in Russia due to its invasion of Ukraine and the subsequent implementation of international sanctions against it. The litigation encompasses complex multi-party insurance claims, involving expert evidence across Russian politics, civil aviation, insurance underwriting, and US sanctions.
The trial includes claims brought by AerCap, Merx Aviation, and Genesis, and is listed for a joint trial of an estimated 11 weeks. For Clifford Chance litigation and dispute resolution head Helen Carty, the case highlights the exciting nature of the profession. ‘Ten years ago we were doing a huge amount of banking work. Now things look very different. If you’d asked me even five years ago I’d never have expected that our biggest case this year would be related to aircraft.’
February claimants
For AerCap: Stephen Midwinter KC, Charlotte Tan and Edward Ho (Brick Court Chambers) instructed by Alexander Oddy, Fiona Treanor, Antonia Pegden and Gregg Rowan (Herbert Smith Freehills)
For Aircastle Ireland: Stephen Hofmeyr KC, Josephine Higgs KC, Stephen Du and Douglas Grant (7KBW) instructed by Peter Sharp, David Waldron and Paul Mesquitta (Morgan, Lewis & Bockius)
For Avolon, BOCA, CDBA, DAE, Falcon, Hermes, KDAC, NAC and SMBC AC: Alistair Schaff KC, Rebecca Sabben-Clare KC, Alexander MacDonald, Sandra Healy, Frederick Alliott and Daniel Corteville (7KBW) instructed by Philip Hill, Julian Acratopulo, Claire Freeman and Lindsay Bickerton (Clifford Chance)
For Carlyle Aviation Management: Stephen Hofmeyr KC, Michael Holmes KC, Sarah Martin and Henry Moore (7KBW) instructed by Peter Sharp, David Waldron and Paul Mesquitta (Morgan Lewis)
For FTAI Aviation (Fortress): Josephine Higgs KC, Stephen Du and Douglas Grant (7KBW) instructed by Peter Sharp, David Waldron and Paul Mesquitta (Morgan Lewis)
For Dubai Aerospace Enterprise: Alistair Schaff KC, Rebecca Sabben-Clare KC, Alexander MacDonald, Sandra Healy, Frederick Alliott and Daniel Corteville (7KBW) instructed by Philip Hill, Julian Acratopulo, Claire Freeman, Lindsay Bickerton and Baljit Rai (Clifford Chance)
For KDAC Aircraft Trading 2: Alistair Schaff KC, Rebecca Sabben-Clare KC, Alexander MacDonald, Sandra Healy, Frederick Alliott and Daniel Corteville (7KBW) instructed by Philip Hill, Julian Acratopulo, Claire Freeman, Lindsay Bickerton and Baljit Rai (Clifford Chance)
For Falcon 2019-1 Aircraft 3 Ltd: Alistair Schaff KC, Rebecca Sabben-Clare KC, Alexander MacDonald, Sandra Healy, Frederick Alliott and Daniel Corteville (7KBW) instructed by Philip Hill, Julian Acratopulo, Claire Freeman, Lindsay Bickerton and Baljit Rai (Clifford Chance)
For AIG Europe: Gavin Kealey KC, Andrew Wales KC, Clara Benn and Sophie Hepburn (7KBW) and David Murray (Fountain Court Chambers) instructed by Edward Spencer and Mark Waters (HFW)
For Fidelis Insurance Ireland: Dominic Kendrick KC, Peter MacDonald Eggers KC, Timothy Kenefick and Rebecca Jacobs (7KBW) and Timothy Howe KC and Christopher Knowles (Fountain Court Chambers) instructed by Naomi Vary
For Global Aerospace: Jonathan Gaisman KC, Siobán Healy KC, Adam Fenton KC, Keir Howie, Jason Robinson and Charles Littlewood (7KBW) instructed by Gillie Belsham (Wikborg Rein)
For the HAR insurers (Fidelis Underwriting): Paul Stanley KC (Essex Court Chambers) and John Bignall (7KBW) instructed by Kathryn Ward, Victoria Cooper and Lucy Stevens (DLA Piper)
For HDI Specialty: N G Casey KC and Timm Jenns (7KBW) instructed by Stephen Netherway (Devonshires)
For Liberty Mutual Insurance Europe: David Bailey KC and Richard Sarll (7KBW) and Charles Kimmins KC and Susannah Jones (Twenty Essex) instructed by Tristan Thompson (Kennedys)
For Lloyd’s Insurance: Richard Waller KC, Jawdat Khurshid KC, Michael Ryan and Joshua Fung (7KBW) instructed by Chris Zavos and Andrew Westlake (Kennedys)
For Swiss Re: SJ Phillips KC, Elizabeth Lindesay, Harry Wright and James Goudkamp (7KBW) instructed by Louise High and Lisa Hillary (Penningtons Manches Cooper)
For Tokio Marine Underwriting Ltd: David Edwards KC and James Brocklebank KC (7KBW) instructed by Leon Taylor (DLA Piper)
October claimants
For AerCap: Mark Howard KC, Stephen Midwinter KC, Edward Ho and Sophie Bird (Brick Court Chambers) instructed by Alexander Oddy, Fiona Treanor, Antonia Pegden and Gregg Rowan (Herbert Smith Freehills)
For Dubai Aerospace Enterprise, Falcon 2019-1 Aircraft 3 and KDAC Aircraft Trading 2: Alistair Schaff KC, Rebecca Sabben-Clare KC, Alexander MacDonald, Sandra Healy, Frederick Alliott and Daniel Corteville (7KBW) instructed by Philip Hill, Julian Acratopulo, Claire Freeman and Lindsay Bickerton (Clifford Chance)
Defendants
For AESA/AIG Europe: James Cutress KC, Simon Paul, Ian Bergson, and Adam Sher (Fountain Court Chambers) instructed by Alex Davis (Stephenson Harwood)
For AIG Europe: Gavin Kealey KC, Andrew Wales KC, Clara Benn and Sophie Hepburn (7KBW) and David Murray (Fountain Court Chambers) instructed by Edward Spencer (HFW)
For Chubb European Group: Jeffrey Gruder KC, David Peters KC and Helen Morton (Essex Court Chambers) and Ben Lynch KC and Daniel Schwennicke (Fountain Court Chambers) instructed by Dorothy Cory-Wright and Ricci Potts (Dechert)
For Fidelis Insurance Ireland: Dominic Kendrick KC, Peter MacDonald Eggers KC, Timothy Kenefick and Rebecca Jacobs (7KBW) and Timothy Howe KC and Christopher Knowles (Fountain Court Chambers) instructed by Naomi Vary (RPC)
For Global Aerospace: Jonathan Gaisman KC, Siobán Healy KC, Adam Fenton KC, Keir Howie, Jason Robinson and Charles Littlewood (7KBW) instructed by Gillie Belsham (Wikborg Rein)
For the HAR insurers (Global Aerospace Underwriting): Christopher Hancock KC (Twenty Essex), Guy Blackwood KC, Tom Bird and Robert Ward (Quadrant Chambers) instructed by Weightmans
For the HAR insurers (Convex Insurance): Nigel Tozzi KC and James Hatt (4 Pump Court) and Bajul Shah (XXIV Old Buildings) instructed by DACB
For the HAR insurers (Fidelis Underwriting): instructed by Paul Stanley KC (Essex Court Chambers) and John Bignall (7KBW) instructed by DLA Piper
For HDI Specialty: N G Casey KC and Timm Jenns (7KBW) instructed by Stephen Netherway (Devonshires)
For Liberty Mutual Insurance Europe: David Bailey KC and Richard Sarll (7KBW) and Charles Kimmins KC and Susannah Jones (Twenty Essex) instructed by Kennedys and Shoosmiths
For Lloyd’s Insurance: Richard Waller KC, Jawdat Khurshid KC, Michael Ryan and Joshua Fung (7KBW) instructed by Chris Zavos and Andrew Westlake (Kennedys)
For Lloyd’s Insurance Company: David Railton KC, Simon Atrill KC, Ian Bergson and Joseph Leech (Fountain Court Chambers) instructed by Kennedys
For Swiss Re: SJ Phillips KC, Elizabeth Lindesay, Harry Wright and James Goudkamp (7KBW) instructed by Louise High and Lisa Hillary (Penningtons Manches Cooper)
For Syndicate 3010 at Lloyds): Bankim Thanki KC (Fountain Court Chambers) and Andrew Neish KC, Kate Livesey and Ron Chatterjee (4 Pump Court) instructed by HFW
For the Tokio Marine Kiln war risk insurers: Akhil Shah KC, James Duffy KC, Nick Daly and Max Kasriel (Fountain Court Chambers) instructed by Alaina Wadsworth (CMS)
For Tokio Marine Underwriting Ltd: David Edwards KC and James Brocklebank KC (7KBW) instructed by Leon Taylor (DLA Piper)
