The 12-week, multi-billion dollar “Russian aircraft mega trial” commenced in the Commercial Court before Mr Justice Butcher last week (2 October 2024). The trial is of insurance claims brought by aircraft owners/lessors against All Risks and War Risks insurers relating to nearly 150 aircraft leased to Russian airlines prior to Western sanctions being imposed when Russia invaded Ukraine on 24 February 2022.
The aircraft have been kept by the Russian airlines principally within Russia and not returned to their owners despite demands. The lessors are now claiming from their insurers for the alleged loss of the aircraft. The most interesting issue (among many) is whether the aircraft have been kept in Russia because of restraint, detention or appropriation by or under the orders of the Russian government or authorities.
The concurrent claims raise important legal issues and significant factual and expert issues relating to the exercise of power and life in Putin’s Russia.
7KBW dominates the counsel representation at the trial:
AerCap Ireland v AIG Europe and Lloyds Insurance Company:
- For AIG: Gavin Kealey KC, Andrew Wales KC, Clara Benn and Sophie Hepburn of 7KBW, with David Murray of Fountain Court, instructed by HFW.
- For Lloyds Insurance Co: Richard Waller KC, Jawdat Khurshid KC, Michael Ryan and Joshua Fung of 7KBW, instructed by Kennedys.
- For Fidelis Insurance: Dominic Kendrick KC, Peter MacDonald Eggers KC, Timothy Kenefick and Rebecca Jacobs of 7KBW, instructed by RPC.
- For Swiss Re: S J Phillips KC, Elizabeth Lindesay, Harry Wright and James Goudkamp of 7KBW instructed by Pennington Manches Cooper.
Dubai Aerospace Enterprise Ltd v. Lloyd’s Insurance Company SA and others:
- For Dubai Aerospace Enterprise: Alistair Schaff KC, Rebecca Sabben-Clare KC, Alexander MacDonald, Sandra Healy, Frederick Alliott and Daniel Corteville of 7KBW instructed by Clifford Chance.
- For Global Aerospace: Jonathan Gaisman KC, Adam Fenton KC, Siobán Healy KC, Keir Howie, Jason Robinson and Charles Littlewood of 7KBW instructed by Wikborg Rein.
- For Fidelis Insurance: the 7KBW team led by Dominic Kendrick KC, as above.
- For Swiss Re: the 7KBW team led by S J Phillips KC, as above.
- For Falcon 2019-1 Aircraft 3 Limited: and KDAC Aircraft Trading 2 Limited: the 7KBW team led by Alistair Schaff KC, as above.
Many of the same teams appear in the claims brought by KDAC Trading Aircraft 2 Limited, Merx Aviation Servicing Limited and GASL Ireland Leasing A-1 Limited.
