Joshua Alexander

I recently had the opportunity to share my thoughts with Insurance Journal on the perception that airline workers face increased risks today than they did in years past. In a recent article, I share insights from my unique opportunity experiencing life as an airline worker and discuss many of the challenges facing the industry today. I left this experience with a profound amount of respect for flight attendants and all airline employees. Check out the full article at the link below. https://lnkd.in/d3Gs4gA9

25

1 Comment

To (slightly) paraphrase the great Gloria Gaynor, we are back in outer space - see below for a quick overview of the recent revival of the Space Industry (Indemnities) Bill and what it is likely to mean for the NewSpace industry 🛰️ #spacelaw #newspace

19

We have hand down on the SC Judgment Lipton v BA Cityflyer - the small claims case which has now been considered by 10 Judges across 3 tiers of appeal. The narrow ratio is that airlines cannot rely on crew illness as an ‘extraordinary circumstance’ permitting them to avoid paying compensation to travellers who suffer consequential qualifying delay. The wider obiter is really fascinating. It’s impossible to fairly summarise in a post what is a long and complex judgment but in headline, the majority of the SC accepted our arguments (4-1) that the pre 2023 Brexit legislation left no room for arguing that causes of action arising out of accrued (pre Brexit) EU rights, had a separate life outwith the Brexit Legislation whereby such actions would still be made subject to Brussels Court rulings (past and future). In short the majority considered that the UK’s Brexit legislation amounted to a complete code of translation between EU sourced law and the UK domestic legislative sphere. In even shorter measure, the construed intention of the Acts was that a clean joinder from Europe was intended and should therefor be given effect. This is a legal and not a political Judgment. I am immensely grateful to my juniors Max Archer, Daniel Isenberg and Corinne Novell - being a mere mouthpiece for my juniors was never more easy nor more satisfying. A longer blog piece will be found on the 12 King's Bench Walk website later today

137

8 Comments

The case of Jaffé v Greybull Capital [2024] EWHC 2534 (Comm) involved allegations of fraudulent misrepresentation. The case hinged on claims that Greybull Capital misrepresented the source of funds injected into Monarch Airlines, leading Wirecard (the Claimant) to believe these were secured and reliable investments when they were not. Mrs Justice Cockerill, presiding, dealt with issues surrounding witness recollection, particularly concerning memories from a critical 2016 meeting and near-contemporaneous documentation. The Claimants argued that representations made by Greybull’s Marc Meyohas gave Wirecard a false sense of security. They claimed Greybull’s portrayal as a stable, committed investor was misleading, especially as Monarch’s funds actually depended heavily on external parties, including Boeing. Notably, a restructured fleet deal with Boeing provided much of the capital, though Greybull’s communications framed this funding as Greybull’s own substantial investment. Justice Cockerill referenced scientific insights on memory, noting that individuals’ recollections are often influenced by their subjective interpretations, which can solidify over time, especially when supported by documents they consult. She highlighted the importance of this in light of the eight-year gap and explained why documents should not always override oral evidence since documentation itself may carry the author’s biases. In her judgment, she emphasized that assessing witness credibility requires more than comparing dates and consistency across documents. The complex financial transactions involved, and the confidential nature of negotiations with Boeing, underscored the difficulty in ascertaining genuine recollections versus interpretations reshaped over time. Ultimately, the case sheds light on the evolving judicial stance on evidence evaluation, acknowledging that memories may be unknowingly “overwritten,” leading witnesses to believe in recollections misaligned with the actual facts. This reinforces that documentary evidence, particularly when older or shaped by subjective views, should not automatically take precedence over oral testimony in determining the veracity of recollections.

8

Is a proceeding pursuant to the UK Insolvency Act 1986 to wind up a company an insolvency proceeding? Someone simply answering "Yes!" is only half right, which means they are half wrong. Put shortly, they are wrong. The correct answer is "It depends!", because it does, on a number of factors, not least on the purpose for which the question has been asked. For the moment, consider one critical such factor: the financial state of the company being wound up. If that company is insolvent, then (for all practical purposes) the winding-up is an insolvency proceeding. Indeed, it is a paradigmatic such proceeding. By contrast, if the company is solvent, then (for virtually all purposes) the proceeding to wind it up is not an insolvency proceeding. This notwithstanding that such a proceeding may be conducted pursuant to all the very same statutory provisions as would govern an insolvent winding-up. Now turn to a scheme of arrangement under Part 26 of the UK Companies Act 2006. Is the scheme proceeding an insolvency proceeding? Someone simply answering "No!" — or, indeed, "Yes!" — is only half right, in the sense set out above. The correct answer, again, is "It depends!" An article just published in an excellent legal journal refers to Mr Justice Zacaroli's judgment in Gategroup [2021] BCC 549 — which, amongst other things, held that the restructuring plan proceeding under Part 26A of the Companies Act is an insolvency proceeding for certain purposes — and states: "For a view that goes even further, and suggests that Part 26 schemes of arrangement are also insolvency proceedings, see Riz Mokal, ‘What is an Insolvency Proceeding? Gategroup Lands in a Gated Community’ (2022) 31(3) International Insolvency Review 418." That article of mine can be read at https://lnkd.in/eAmH_AYJ . The final pre-publication version is available at https://lnkd.in/ewr55pDD . The following part of the conclusion may be of interest. It applies not just to winding-up and scheme proceedings but to any other relevant proceeding, including the company voluntary arrangement and even administration (both under the UK Insolvency Act).

112

2 Comments

2024 marks the ninth year of our focus on gender and diversity issues within the Aviation industry.   Our responses this year continue to emphasise the need for ongoing education and engagement on diversity issues. The latest data reveals a stubborn lack of progress despite significant efforts by industry associations to highlight this issue. More than half of respondents reported no improvement in diversity at C-suite (52%) or board level (54%) over the past year. Read the full report: https://bit.ly/4fcWwoj #MHCLaw #LegalUpdate #Gender #Diversity #Aviation #DiversityandInclusion #AviationUpdate

11

2024 marks the ninth year of our focus on gender and diversity issues within the Aviation industry.   Our responses this year continue to emphasise the need for ongoing education and engagement on diversity issues. The latest data reveals a stubborn lack of progress despite significant efforts by industry associations to highlight this issue. More than half of respondents reported no improvement in diversity at C-suite (52%) or board level (54%) over the past year. Read the full report: https://bit.ly/4fcWwoj #MHCLaw #LegalUpdate #Gender #Diversity #Aviation #DiversityandInclusion #AviationUpdate

6

2024 marks the ninth year of our focus on gender and diversity issues within the Aviation industry.   Our responses this year continue to emphasise the need for ongoing education and engagement on diversity issues. The latest data reveals a stubborn lack of progress despite significant efforts by industry associations to highlight this issue. More than half of respondents reported no improvement in diversity at C-suite (52%) or board level (54%) over the past year. Read the full report: https://bit.ly/4fcWwoj #MHCLaw #LegalUpdate #Gender #Diversity #Aviation #DiversityandInclusion #AviationUpdate

2

April 2025: yes, you will all need prior authorisation to travel to the UK! Read this chrystal clear summary of Tim Richards of Kingsley Napley on the European Immigration Lawyers Network (EILN) blog

12

1 Comment

Reflecting on how motivation for tech & process projects varies so widely, with predictable outcomes. Unfortunately many ‘efficiency/cost’ drives lead to a very uninspiring race to the bottom, for all involved - airline customer service helplines are the best example of this. The opportunity to race to the top & inspire customers with something perfectly blending human touch and creative technology is a path less trod but boy you notice it when businesses get it right.

6

On 8 May 2024, the Supreme Court gave judgment on a case of private nuisance where there had been encroachment of Japanese Knotweed (“JKW”): Davies v Bridgend CBC [2024] UKSC 15. The Supreme Court vindicated the Defendant’s position, rejected twice in the County Court and again in the Court of Appeal, that damages for diminution in value to the Claimant’s land caused by encroachment prior to the Defendant’s breach of duty are not recoverable. In short, we have a return to orthodoxy: if loss precedes breach, then that breach cannot have caused that loss. To read more on what this judgment means for cases involving Japanese Knotweed, read the full article by Daniel Webb.

12

The UK government has published the Trade, Aircraft and Shipping Sanctions Regulations 2024, together with statutory guidance describing the new measures. Separately, the UK has also amended restrictions in the UK Russia (Sanctions) (EU Exit) Regulations 2019 relating to the provision of legal advisory services, including to introduce broadened exemptions covering the provision of compliance-related advice. This Covington & Burling LLP alert looks at the details: https://okt.to/dp6bts

4

I found the Q&As covering the upcoming UK merger control reforms along with the one-page handout setting out key facts and figures particularly helpful #DMCCBill #DMCCAct #digitalmarkets #ukmergercontrol #competitionlaw #AddleshawGoddard

9

Would you rather hire a Lawyer who: A)     Meets expectations immediately with no room for development; or B)     Nearly meets expectations but has huge potential to fulfil? Law firms will often make decisions based on immediate needs, meaning that an offer will usually be made to Lawyer A. I understand why law firms recruit on this basis, but is this always the right long term decision to make? There are 5 reasons why law firms should think about hiring Lawyer B: 1.      They will recognise the opportunity they’ve been given, and will often give back to the firm by going above and beyond what’s required of them. 2.      Potential is limitless. If a Lawyer with so much promise has the right support and development they will often exceed the talent of the immediate ‘finished article’. 3.      It can be cost effective for law firms. A less experienced Lawyer with so much promise will naturally come at a lower salary than the more senior Lawyer. Senior Lawyers may also be interviewing at other firms, so their appointment may come at an increased cost. 4.      Perception within the market will change. In a hostile sector where so many firms have such a high barrier to entry, it’s beneficial to stand out from the crowd and be known for identifying and developing talent. 5.      Culture will improve significantly and law firms will see greater retention of talent. Recruitment is an investment, a form of long term succession planning. Lawyer A is a solution to immediate challenges. This creates a revolving door of shorter term opportunities though as there will always be other firms offering more money to resolve their own immediate needs. Lawyer B is a long term investment. They will show far greater loyalty to the firm, and with the right development they will exceed the technical ability of Lawyer A. Short term employees are bought. Future leaders are nurtured and developed. What are your thoughts on this?

8

Did you know that final parenting orders can now be reconsidered under new provisions in the Family Law Act 1975? Recent changes have codified the principles from the landmark case Rice v Asplund (1979), specifically under section 65DAAA of the Family Law Act 1975. In her latest blog post, Medson Legal Solicitor Nadine Khalil breaks down what this means for families and legal professionals alike, exploring when and how courts can revisit these orders. The key question: has there been a significant change in circumstances, and is it in the child's best interests? Stay informed and learn more by reading the full article!

6

👀 Hogan Lovells enters the chat 👀 The London salary war continues to burn well as Hogan Lovells has just upped its NQ pay by £15,000 to £135,000 - surpassing the last remaining Magic Circle firm (Slaughters), who have opted to keep its NQs on £125,000. It's a great move in a lot of respects from HL as it: (i) keeps them in touching distance to Freshfields, Links, CC and A&OS; (ii) all but matches some other US firms such as Orrick, Jones Day and S&C; and (iii) adds some decent daylight between them and the chasing pack, namely HSF, Mayor Brown, NRF, Bakers, and Ashurst. The vital question of to what extent these rises have been made equal all the way up the PQE ladder will of course be an extremely important one, especially as the four MC firms that made the rise to £150,000 at NQ matched the £25k bump all the way up ladder. Stay tuned for updates on this. Slaughters - arguably above all other firms - are now going to come under even more pressure to raise its associate salaries, as will a host of other firms of course. I can't imagine this will be my last post related to salary increases in June - and potentially not even this week! https://lnkd.in/e6325N3P

67

White & Case is proud to rank Tier 1 for Corporate Restructuring & Insolvency in the 2025 edition of The Legal 500 UK. Well done to all involved! Read more about the ranking here: https://ow.ly/eGJV50TMwRL #whitecase #Legal500 #rankings

1

Christopher Wall's latest article focuses on the recent Court of Appeal decision in the case of Standish v Standish. Additionally, this article explores the importance of assessing assets acquired during the marriage and how a fair division should be determined based on each party's contributions and needs. Read more here:  https://lnkd.in/eszf-7tG #BecketChambers #CourtofAppeal #Divorce #FamilyLaw #StandishvStandish

2