Aviation

Bowmans offers a comprehensive legal service to role players across the African aviation sector.

We have an unparalleled understanding of the industry allowing us to provide key insights into the intricate roles and relationships of participants in complex, multi-jurisdictional matters as well as strategic guidance and risk management advice.

Our service includes aviation insurance, (subrogated defence, subrogated recovery and coverage), claims and risk management, commercial dispute resolution, restructuring, regulatory (licensing, operating certificates, permits), corporate and aircraft and engine leasing and financing.

We have claims experience in some 35 African countries and a deep knowledge of the statutory framework and industry practices in key jurisdictions.

Clients include airlines, general aviation operators (charter, corporate and private operators), drone/ UAV operators, airports and aerodromes, ground handlers, maintenance and repair organisations, OEMs, aircraft financiers and lessors, and their hull and liability insurers and reinsurers.

Recent signature matters include the following.

Coverage

• Providing hull and liability insurers and reinsurers with coverage advice in relation to fraudulent claims for indemnity by a South African operator. This was referred to the Short-Term Insurance Ombud, and successfully upheld.
• Providing liability insurers with coverage advice in relation to a claim submitted by a South African drone/ UAV operator.

Third-party claims/ subrogated defence

• Representing a local airline and its liability insurers on an aircraft accident in Tanzania.
• Representing a hot air balloon operator and its liability insurers on an incident involving a fast landing. Litigation was brought by local and foreign claimants. 

Subrogated recoveries

• Representing an aircraft owner and hull insurers in litigation arising from a multi-aircraft ground collision. The proceedings included joinders of ground handlers in terms of SGHA.
• Advising a helicopter owner and its hull insurers in a claim against the aircraft maintenance organisation for negligent workmanship.

Commercial dispute resolution

• Advising financiers on lenders’ rights on an event of default under an aircraft lease agreement, including a step plan to enforce the security. The advice centred around the remedies provided in, and the status of, the Cape Town Convention in South Africa.
• Assisting an aircraft lessor and lenders in enforcing their rights under the Cape Town Convention and the lease against an operating lessee. This entailed the repossession of the leased aircraft in Johannesburg.

Regulatory and compliance

• Representing an airline in urgent proceedings relating to an objection to an application for amendment of an air service licence.
• Advising investors on the acquisition of a local airline in respect of the transferability of its air service licences and operating certificates.

Restructuring

• Advising a foreign airline on its franchise arrangement with a South African airline, following the latter going into liquidation.
• Advising the shareholder of a national airline in relation to various restructuring options, and the impact of those options on the airline’s licences and aircraft leases and advising on the re-establishment of its business operations and interactions with creditors and staff.

Transactional

• Advising the Takatso Consortium on the proposed acquisition of 51% of the issued share capital of South African Airways SOC Ltd from the Department of Public Enterprises. The multi-disciplinary legal team included corporate, competition, tax, employment and aviation regulatory specialists.
• Advising Doha-based airline, Qatar Airways on its acquisition of a 25% stake in Airlink (Pty) Ltd for an undisclosed price. Airlink is an independent South African regional airline that currently flies to more than 45 destinations in 15 African countries. The acquisition formed part of Qatar Airways’ African growth strategy.

Aircraft finance and leasing

• Assisting various operators (airline and general aviation) on the acquisition and finance of aircraft, including the registration of various securities (mortgages and international interests).