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 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. He recently led a counsel team of 4 KC’s and 6 junior counsel in the high profile Qatar Airways v Airbus A350 litigation, one of the top 20 cases of 2023.

Philip is frequently appointed as arbitrator in aviation related arbitrations throughout the world and he also provides expert evidence on English law for foreign courts. In 2023 Philip was appointed to the Advisory Board of The Hague Court of Arbitration for Aviation.

His in-depth knowledge of the aerospace industry is acknowledged by many commentators. This 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 checks and line maintenance, engine shop visits, flown light aircraft and had time in a Boeing 737 simulator gaining valuable practical experience.

Philip’s aviation practice includes disputes relating to operating and finance leases, sale and purchase agreements, aviation related contracts, aviation insurance, product liability, class actions, and claims for and against manufacturers. 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 has decades of experience in litigation arising from air accidents including Lockerbie Pan Am 106, Bristow Helicopters Flight 56C, Kenya Airways Flight 507 and British Midland Airways 092 (Kegworth)Air France AF 447, Malaysian Airlines MH 370, Ethiopian Airlines ET302 (Boeing 737 Max 8).

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 instructed as an English law expert in relation to litigation in the US relating to leased aircraft in Russia following the invasion of Ukraine in February 2022.

He is instructed by Peter Neenan and Sarah Stewart of Stewarts on behalf of the Srivaddhanaprabha family in their claim against the manufacturer arising from the crash at Leicester City Football Ground in 2018 in what may be the largest ever claim arising from an accident in English legal history.

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

Professional Memberships

Commercial Bar Association

Chancery Bar Association

International Bar Association

European Air Law Association

Royal Aeronautical Association

Chartered Institute of Arbitrators

Association for International Arbitration

Personal

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

Industry Sector Expertise

Aviation and Travel

Languages Spoken

Fluent in French and Italian