Emma has considerable experience of aviation disputes involving airlines, manufacturers and suppliers of aerospace parts and components and providers of maintenance, repair and support services, both in court and in arbitration. Her experience of this sector is unusual for someone of her call.

Her recent and current instructions include:

  • Acting for the successful claimant in Cathay Pacific Airways Limited v Lufthansa Technik AG [2020] EWHC 1789 (Ch): a dispute involving the construction of a contract between two commercial airlines for the provision of jet engine maintenance services and the test for implying terms of good faith and reasonableness into commercial contracts (led by Steven Thompson QC). The case is one of the most recent authorities to consider the tests for implying terms of good faith into commercial contracts as a matter of fact or as a matter of law where it is submitted that a contract qualifies as ‘relational’ because of the long term nature of the contract and the collaboration its performance requires of the parties.
  • Junior counsel in a claim involving international parties and contracts for the manufacture and supply of aerospace components, under the LCIA rules (led by Steven Thompson QC and Hugh Miall).
  • Junior counsel in a claim between international parties involving a contract for the supply of aircraft parts and components and the provision of repair and maintenance services (led by Steven Thompson QC).
  • Drafting a mediation position statement in relation to a multi-million pound claim for the service fees payable prior to the termination of a contract between airlines for the provision of support, maintenance and repair services.
  • Junior counsel in a claim for the return of various instalments of the purchase price for commercial aircraft paid in advance of delivery (led by Steven Thompson QC).
  • Acting for an airline in a claim against a manufacturer involving claims for breach of contract and in unjust enrichment and questions of contractual construction (led by Edward Cumming QC).
  • Junior counsel in a claim by an airfield against a defendant local authority involving claims for breach of contract, for restitution for unjust enrichment and loss consequential upon negligent misstatements (led by Andrew Holden).
  • Regularly instructed behalf of defendant airlines in EU Regulation 261/2004 claims to both attend hearings of claims for compensation and to draft written submissions for the same.

Before coming to the Bar, Emma read for the BCL at the University of Oxford where she was awarded a Distinction and the Peter Birks Restitution Law Prize, taught Contract Law at St Hilda’s college (Oxford), and worked as a research assistant to Professor Chen-Wishart.

For full details of Emma’s experience please refer to her main profile.

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