Patrick Slomski

Full Profile

Patrick's principal areas of practice relate to aviation and aerospace and involve contentious and non-contentious work.

Contentious work has involved airlines, aviation catastrophe work, insurance coverage (particularly in connection with aircraft manufacture and space systems), products, major commercial disputes, reinsurance disputes, aerospace and subrogation and various cases involving English and multi-jurisdictional litigation, international arbitration.

Patrick became a Partner in 2000, is a past examiner for the Chartered Insurance Institute and is a Fellow and the Honorary Solicitor to the Royal Aeronautical Society.

Experience

Key cases:

• Advising a VIP operator on disputed defects and delivery issues for new wide-body aircraft. (2021)
• Advising and acting in respect of dispute termination of commercial risks reinsurance concerned alleged non-disclosure (2021)
• Advising and representing a major military equipment manufacturer in a high value commercial dispute concerning defective engineering design (2020)
• Advising a major aerospace systems design and manufacturing authority on a high value, complex dispute with a sub-contractor over alleged defects in performance (2020)
• Advising and representing aerospace insurers in connection with coverage issues arising out of major damage to aircraft (2020)
• Acting for insurers of a maintenance organisation in connection with a helicopter fatal accident, including post-accident support to insured immediately following the accident and later,  in connection with inquest proceedings (2019-2020)
• Aircraft Purchase Fleet Limited –v- Compagnia Aerea Italiana S.p.A (English Commercial Court  - contractual dispute concerning agreement to lease a fleet of new A320 family type aircraft (2017))
• Sheikh Kaki –v- National Air Services (2015) and National Air Services –v- Sheikh Kaki (2017) (English Commercial Court and Court of Appeal - actions arising out of NAS breach of a business jet fractional ownership scheme)
• Corporate Oil and Gas -v- Marshall Aviation Services Limited (English Commercial Court – detention of aircraft and related issues (2014))
• Jet2.Com –v- Tarom (English Commercial Court and Court of Appeal - dispute arising out of long term maintenance contracts (2013))
• Eagle Aircraft Leasing (DVB) v Air France (English Commercial Court - dispute arising out of alleged defects in sale of a number of 6 B747 aircraft (2010))
• Jet Finance –v- Hawker Beechcraft (English Commercial Court - disputed ownership and restraint of aircraft (2010))
• Gamit –v- Saudi Royal Flight (English Commercial Court - dispute out of Saudi Royal Flight breach of VVIP aircraft contract (2009))
• Loss of Kam Air flight 904 (Kabul) (acting for liability insurers; including discussions with Afghan Government in respect of Convention limits of liability to be applied under Afghan law)(2006/7)
• Bristow Helicopters –v- Sikorsky Aircraft Corporation & Ors (English Commercial Court – declaratory and recourse proceedings following North Sea disaster (2005) (jurisdictional dispute - [2004] EWHC 401 (Comm))
• JAT- Commercial dispute against Air France arising out of UN sanctions against former Yugoslavia  (ICC arbitration)
• Several high profile satellite failure cases (insurance coverage and subrogation)
• Loss of TAM Fokker 100, Sao Paulo, Brazil
• Loss of Pan-Am Boeing 747, Lockerbie, UK (acting for Hull War Risk insurers; including Scottish proceedings against the Libyan Arab State)

Key matters:

• Advising on the deployment of air defence and counter-measures systems, including deployment of UAS countermeasures. (various, 2021)
• Advising a major military systems design and manufacturing authority on various aspects of  a high value aircraft development programme, including program structure and export controls.
• Advising on, and negotiation of, contracts for tier 1 aerospace equipment design authority and manufacturer, for subcontracted tier 2 supply design and supply of critical subsystems.
  Advising operators and developers on UAS regulatory and legal risks management
• Advising aerospace insurers on wordings, placement, coverage and legal risks management (including space and unmanned systems)
• Long-term advice to support of military equipment design authority in a high value development and supply programme (2015-2018)
• Advising a national airline and Ambassador to the UK on inadvertent carriage of foreign nationals intending to join terrorist groups
• Acting for Goldman Sachs (regulatory aspects and related due diligence on the purchase of Raytheon business)
• Regulatory compliance of civil and military maintenance and repair organisations and operational support organisations (manned aircraft)
• Acting for Hawker Beechcraft and successor companies in 5 "urgent operational requirement" programmes (RAF)
• Advising on regulatory and "national interests" issues arising out of a proposed sale of UK and US defence industry interests to non-NATO national purchasers
• Advising European Commission on missile counter-measures for civil aircraft
• Advising US entity on arrangements for experimental flight operations of novel aircraft in UK and EU
• Advising Asian airline on insurance and risk management arrangements for aircraft fleet
• Advising EC programme on the study of insurance and liability aspects of unmanned aircraft operation
• Advising on / drafting long term maintenance contracts and related documents for a number of major civil aircraft maintenance organisations.
• Advising start up airline on commercial aspects of fleet purchase.