Aviation finance—third party liability
Produced in partnership with Norton Rose Fulbright
Aviation finance—third party liability

The following Banking & Finance guidance note Produced in partnership with Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • Aviation finance—third party liability
  • Causes of liability
  • Surface damage
  • Negligence
  • Damage to passengers, baggage or cargo

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This may have an impact on the information in this Practice Note about damage to passengers, baggage or cargo and denied boarding, cancellation or delay.

Aircraft are capable of causing destruction and can give rise to liability for damage to third parties. Whether liability can be established and what party is responsible for that liability will vary according to the facts of the case and the laws that are applicable to any incident. In addition to the operator of the aircraft, there may be other parties (such as the lessor or a mortgagee of the aircraft) against whom