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Kathryn Ward

Of Counsel
About

Kathryn has great knowledge in post accident legal liability, and has particular experience in handling the legal aftermath of major air accidents on behalf of airlines, operators, product manufacturers and MROs. She also regularly represents airports and ground handlers in claims involving IATA standard ground handling agreements or otherwise. In addition, Kathryn is regularly instructed in the field of general aviation and on insurance coverage.

In a commercial context, Kathryn represents carriers and aviation service providers in contractual disputes and advises on issues surrounding aircraft ownership, leasing and re-possession.

Kathryn defends numerous carriers in passenger claims brought against them based on the Montreal Convention 1999, EU Regulation 261/04 and EU Regulation 1107/06. She advises on the bulk handling of passenger claims, enforcement action by regulatory bodies such as the CAA and has particular experience in representing carriers in claims in the English Court of Appeal and Supreme Court.

Kathryn has wide experience in both domestic and international litigation and has handled claims arising out of incidents and accidents in the UK, Europe, CIS, South America, Asia and Africa. In addition to litigation, Kathryn also represents parties in international arbitrations as well as alternative forms of dispute resolution, such as mediation and direct negotiation.

Professional QualificationsSolicitor of the Senior Courts of England and Wales

EXPERIENCE

  • Advising a UK carrier in a claim against a European carrier for failure to pay agreed rates pursuant to a re-protection agreement relating to the involuntary re-booking of passengers onto the UK carrier during a period of pilot strikes. The case involved the application of IATA Resolution 735d to re-bookings made within and outside the 24 hour window afforded by that Resolution in a situation where a separate re-protection agreement had been agreed.
  • Advising an African operator in the recovery of an aircraft which was arrested at Stansted Airport due to a dispute between it and a commercial debtor, including negotiating and effecting the immediate release of the aircraft and subsequent settlement of the debt claim.
  • Advising a South African bank in relation to the repossession of two aircraft operated by a carrier which defaulted on the mortgage.
  • Advising a UK carrier in a commercial dispute with an airport in relation to its decision to withdraw its base from the airport.
  • Acting for a UK carrier in multiple claims brought against it in various jurisdictions worldwide as a result of pricing errors made when filing first class fares which led the carrier to cancel bookings on the basis that they were void due to unilateral mistake.
  • British Airways at first instance and on appeal in a claim against it by a disabled passenger whose seating request was allegedly not met contrary to Regulation (EC) 1107/06.
Languages
  • English
  • Spanish
Education
  • Sheffield University, BA (Hons) Law
  • Nottingham Law School, Spanish Diploma in Legal Practice

Awards

  • Hall of Fame: Aviation, The Legal 500 UK 2024

  • Band 2 Aviation: Insurance, Chambers UK 2024

  • Kathryn is described by Chambers UK 2013 as "a very accomplished lawyer with good industry experience and a very wide breadth of knowledge".

Publications

  • Corporate Rescue and Insolvency - "Enforcement Issues in the Aviation Industry Part II" - 1 April 2011
  • Privacy Information Law Report - June 2008 - Volume 9 Issue 6
  • Protection of Passenger Data: The Continuing Struggle between the EU and US
  • Air Space Law Vol XXXVIII/3 (June 2003) - Warsaw Convention - Article 17

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