Philip Shepherd KC

Practice Areas

After two decades of being recognised as one of the leading Silks at the Commercial Bar Philip’s practice is now fully Aviation focused. He is acknowledged as probably having the most in depth experience of aviation litigation and arbitration of anyone in practice born out of a lifelong passion for aircraft and flying. The directories also highlight Philip’s strong advocacy skills which sets him apart from his peers.

Philip has appeared as leading counsel in most of the aviation cases and arbitrations of significance of the past 20 years. His specialist knowledge extends not only to the legal issues but also the technical and regulatory context in which the aerospace industry operates.

He has observed at first hand airframe and engine manufacture, heavy and line maintenance, engine shop visits, flown light aircraft and had time in Boeing 737 simulators gaining valuable practical experience.

Philip’s aviation practice includes disputes relating to operating and finance leases, sale and purchase agreements, aviation related contracts, insurance, product liability, class actions, slots, and regulation. Philip was leading counsel in the landmark leasing case ACG v Olympic Airlines concerning the allocation of risk in operating leases and that defined the meaning of airworthiness in English law.

Philip also gives expert evidence on English law for foreign courts, particularly in the US.

Philip has decades of experience in litigation arising from air accidents including Air France AF 447, Malaysian Airlines MH 370, Ethiopian Airlines ET302 (Boeing’s new 737 Max 8), Lockerbie Pan Am 106, Bristow Helicopters Flight 56C, Kenya Airways Flight 507 and British Midland Airways 092 (Kegworth). He is currently instructed by Peter Neenan and Sarah Stewart of Stewarts on behalf of the Srivaddhanaprabha family in their claim arising from the fatal helicopter crash at Leicester City Football Ground in 2018. The Coroners Court Inquest into the accident is scheduled for January 2025 and estimated to last 3 weeks.

Other current cases include operating lease disputes arising out of the effects of the Covid 19 pandemic, alleged frustration of operating leases and sale and purchase and sale and leaseback contracts, return conditions, whether a lease should be subject to rectification, liability to pay enhanced rent and interest following an event of default and whether they amount to penalties, whether lessee induced to enter multiple operating leases by fraudulent misrepresentations as to capacity of manufacturer to support a new aircraft type and dispatch reliability, claims relating to leasing and sale and leaseback of Boeing 737 Max 8 and 9.

Philip is currently instructed as an English law expert in relation to litigation in the US regarding insured losses to aircraft damaged, destroyed or missing in Russia since the invasion of Ukraine in February 2022. The 12 cases are being heard in NYC, Miami and California in 2024/25.

Philip was also instructed as lead counsel on behalf of Qatar Airways in its highly publicised dispute with Airbus which concerned alleged manufacturing and design defects in the A350 aircraft and cancellation of a contract for 50 A321 Neo aircraft, as well as multiple contracts for the design and manufacture of long range aircraft worth over $2bn. The trial was due to be heard in the High Court in London during the summer of 2023 before it settled in February the same year.

In recent years Philip has also been appointed by the LCIA to arbitrate in various aviation disputes.

For more information regarding Philip’s practice please visit www.shepherdkc.co.uk

Professional Memberships

Commercial Bar Association

European Air Law Association

International Bar Association

Royal Aeronautical Society

Chancery Bar Association

Chartered Institute of Arbitrators

Association for International Arbitration

Royal Aeronautical Society

Board of Trustees of Wiltshire Air Ambulance (2019-2023)

Admitted to the Bar of the Eastern Caribbean and the DIFC in Dubai

Appointed to the Advisory Board of The Hague Court of Arbitration for Aviation (2023)

Languages Spoken

Fluent in French and Italian