Shawcross & Beaumont: Air Law

This content is unique to LexisNexis

Commentary

Source Currency: Issue 199. September 2026. Primary domestic legislation features prominently, including the Civil Aviation (Consumer Protection and Regulatory Reform) Bill, which aims, among other things, to grant direct enforcement powers to the CAA. We also examine the expanded aircraft search and seizure powers introduced by the Border Security, Asylum and Immigration Act 2025, as well as the carrier charges under s 76 of the Nationality and Borders Act 2022. The statutory instrument landscape has been significantly revised, led by the Package Travel and Linked Travel Arrangements (Amendment) Regulations 2026 (SI 2026/455). Further additions include the Aviation Safety (Amendment) Regulations 2026 (SI 2026/460), the Civil Aviation (Customs and Excise Airports) Order 2026 (SI 2026/553), the Immigration (Electronic Travel Authorisations and the Islands) Regulations (SI 2026/87), the Airport Noise-related Operating Restrictions (Amendment) Regulations (SI 2026/332) and several others. UK airspace modernisation remains central, led by NERL’s licence modification to establish the UK Airspace Design Service (CAP 3225) and the 2023 flight planning outage review status report (CAP 3193). Furthermore, we review several emerging technology updates, including the CAA’s Exemption Policy, the Part-CAO electric aircraft maintenance and certification exemption (ORS4 No 1646), the UK SORA best practice guidance (CAP 3239A-C) he Future of Flight BVLOS Roadmap (CAP 3182), etc. As usual, Issue 199 reviews a rich body of judicial decisions. Highlights include the UK Supreme Court decision in UniCredit Bank GmbH v UniCredit Bank GmbH Services Ltd [2026] UKSC 10, which settled the application of the Russia sanctions regime to standby letters of credit, while the English High Court in The Russian Aircraft Litigation - Operator Policy Claims [2026] EWHC 1134 (Comm) struck out lessor insurers’s contribution and indemnity claims. In aircraft leasing, we reviewed several decisions of the English High Court, including Rostrum Leasing 1 DAC v MAE Aircraft Management WLL [2026] EWHC 57 (Comm) which evaluated the limits of technical acceptance estoppel where airworthiness defects preclude operation. On the carriage conventions, we reviewed numerous North American authorities alongside three closer to home: in Scotland ita v British Airways Plc [2025] SAC (Civ) 42 reaffirmed the two-year period in Article 35 of the Montreal Convention 1999 as an unyielding rule, in the unreported case of Graham v Ethiopian Arlenes Group , the Central London County Court dealt with a hot coffee spill during a flight, and for cargo carriage , the English Commercial Court in Westimor Ltd v KLM [2025] EWHC 1708 (Comm) provided vital clarification on the Article 18(1) provided vital clarification on the Article 18(1) Royal & Sun Alliance Insurance Ltd v Air General Inc (SD Ind, 2025) on the scope of application of Article 18(3). Furthermore, we address recent rulings on Regulation 261/2004, alongside the EU’agreement on the Regulation’s revision.

Contributors

Augustus Hocking  Editor
George Leloudas  General editor
Professor David McClean  Editor
Daniel Wand  Editor
 Andreas Ruehmkorf Editor
 Ingrid Koning Editor
 Michael Gill Editor
 Philip Chrystal Editor