Bajul’s aviation expertise can be viewed below.  Please refer to his main profile for details of his expertise in other areas of law.

Recommended for a considerable time by Legal 500 and Chambers & Prs, Bajul’s cases usually involve complex, engineering-heavy negligence and product liability claims, and lease liability claims. He also has considerable experience of airline disputes. The legal directories comment that he: “is very experienced in aircraft matters, which makes him very able when it comes to aircraft injunctions and commercial disputes with an engineering angle.”

His recent cases include:

  • (1) Mahan Air (2) Blue Sky Airways Co FZE v Blue Sky One Ltd & Ors 2011 EWCA Civ 544: a court can still apply to conditions even after leave to appeal has been granted. A party wishing to oppose security for costs must make full and frank disclosure of all its lines of finance both direct and indirect eg shareholders, ability to raise credit etc
  • Blue Sky One Ltd & Ors v Blue Airways: A claim for the delivery up of 3 Boeing 747-400 aircraft against an Iranian Airline, the dispute turning on whether the aircraft were acquired as a front for an Iranian airline in an attempt to get around US sanctions on Iran. Currently in trial.
  • Currently also advising two aircraft lessor groups in relation to claims against the guarantors of the lessees who defaulted on aircraft lease payments.
  • JSD v Al Waha: A claim for the return of deposits paid under a Letter of Intent for the purchase of an Airbus A320 aircraft. The judgment [2009] EWHC 583 contains an important discussion on Letters of Intent used generally in aircraft purchasing.
  • Al Waha v LTE International Airways: Claims for delivery up of two aircraft by a UAE based lessor group against an insolvent Spanish airline.
  • Neos v Aerosvit: A dispute over the lawfulness of an early termination of a charter arrangement between an Italian AOC holder and a Ukranian airline.
  • Sunrock Corp v SAS: A leasing dispute over the return conditions of two Boeing 767 aircraft. We were successful in the Court of Appeal whose judgment (reported at [2007] 2 Lloyd’s Rep 612) is an important case on the interpretation of financial adjustment clauses in return conditions.
  • Celtic Capital 22889 Corp v Nicon Airways: A claim against a Nigerian airline for repossession of an aircraft for non-payment under a conditional sale agreement. A twist was that the aircraft was in Ethiopia under the control of Ethiopian Airways. A claim against them is also outstanding for conversion.
  • Air Namibia v BCI: Aircraft lease dispute involving two Airbus A340-300 aircraft, the issue being how the maintenance reserves paid by Air Namibia (the lessee) should be dealt with under the lease.
  • BCI v Swiss: An aircraft lease dispute involving an Airbus A330 aircraft over non payment of maintenance reserves and the issue of how such reserves were to be dealt with by the lessor.
  • Air Niugini: This case concerns the failure to deliver a Boeing 767 aircraft and the consequential damages.
  • Clubair: Bajul advised a supplier of spare parts to Clubair when the latter was facing insolvency in Italy.
  • Bristow Helicopters -v- Sikorsky Aircraft Corporation [2004] EWHC 401 (Comm): A claim for over £10m arising out of the crash of a Sikorsky S76A+ Helicopter in the North Sea in July 2002, due to the failure of one of the rotor blades.
  • Emerald Airways -v- Rolls Royce [2004]: A product liability claim arising from the uncontained failure of an engine on a Hawker Sidley HS-748 aircraft.
  • Wells Fargo -v- Polar Air [2004]: Claims arising out of a lease a Boeing 747 cargo aircraft. The dispute centred on whether the return conditions, particularly in relation to the engines, had been satisfied by the lessee.
  • Laura Leasing Ltd -v- BAE Systems Regional Aircraft Limited and Aircraft Braking Systems Corp [2003]: Product liability and negligence claim for $21m cost of repairs to an Airbus A340 which crash landed at Heathrow Airport due to landing gear failure when a torque pin fell out during take off from Los Angeles.
  • Air Foyle Ltd -v- Center Capital Ltd [2003] 2 Lloyds Rep 428: Dispute as to ownership of Russian registered Antonov 124-100 cargo aircraft. The case involved questions of validity of competing titles under Russian and Dutch law.
  • Stolkin -v- Sloane Helicopters & Agusta [2003]: A negligence claim against the repairer of a helicopter following a crash. Issues of indemnity between the manufacturer and repairer and conflict of laws were raised.
  • Re Libyan Arab Airlines [2003]: Acted for ground handlers, who were major creditors of the airline, in insolvency proceedings against the airline.
  • Lucas Aerospace Ltd -v- Secondo Mona SpA [2003]: Negligence claim arising from a defective artificial gravity amplifier fitted into a BAE Hawk Mk 209 aircraft.
  • Re Ghana Airways [2002]: Acted for a major creditor of the airline in insolvency proceedings including the appointment of provisional liquidators.
  • Servisair UK Ltd -v- Canada 3000 Airlines Ltd [2001] : Acted on behalf of a ground handling company, which was attempting to preserve its position when one of Canada’s largest airlines became insolvent in Canada.
  • ABTA v British Airways, Virgin Atlantic and Lufthansa [2000] 2 Lloyd’s Rep 209: High profile litigation acting on behalf of travel agents against airlines who were attempting to reduce travel agents’ commission. The case involved the construction of the standard form IATA Passenger Sales Agency Agreement.