Robert Lawson KC

Practice Areas

Rob is a barrister. He was called to the Bar of England & Wales in 1989 and was in independent practice at the Bar in London continually from 1990 until he joined Clyde & Co in February 2017, latterly at the leading commercial set Quadrant Chambers. He was appointed Queen’s Counsel in 2009 (with this title converting to King's Counsel automatically on the change of UK Monarch in September 2022).

Throughout his legal career, Rob has focussed upon the world of, and law relating to, aviation. He has broad experience in this sector with regards to: carrier liability; regulatory and licensing issues; product liability disputes; inquests; insurance coverage; finance and leasing disputes; contractual, treaty & statutory interpretation; and general commercial disputes. In addition to advisory work, undertaking litigation and advocacy, from time to time Rob also acts as an arbitrator and as a mediator (for which he holds CIArb accreditation).

Rob has acted and advised in many of the most notable aviation related disputes with an English or English law nexus that have arisen over the last three decades and is widely recognised as a leading aviation practitioner

Rob’s published works on air law include:

• ‘The Montreal Convention 1999: A Silver Jubilee Critique’, Air & Space Law, Vol 49, No.4&5 (2024), p. 389.

• The Montreal Convention 1999, A Commentary, (eds. Leloudas, Dempsey & Chassot; Edward Elgar, 2023), chapter ‘Article 17 – Death and Injury to Passengers – Damage to Baggage’.

• Elgar Concise Encyclopedia of Aviation Law (eds. Masutti & Mendes de Leon; Edward Elgar, 2023), entry ‘Brexit (Aviation)’.

• ‘Unusual but Perhaps Not Unexpected: The Lonely Furrow Ploughed by the CJEU in Respect of an Article 17 ‘Accident’’, Air & Space Law, Vol 48, No. 1 (2023), p.1.

• The Aviation Law Review, (ed. Gates; Law Business Research Ltd), chapter 'The United Kingdom', 4th Edition (2016) - 11th Edition (2023); and latterly known as Lexology In Depth, Aviation, chapter ‘United Kingdom’ (12th edition).

• 'Air Passenger Rights in the UK Post-Brexit: The Position so Far' Air & Space Law, Vol 46, Special Issue (2021), p. 45.

• 'Brexit – will the flying public notice any meaningful difference?' (2021).

• ‘The Potential for Exposure of Air Carriers to Passenger Liability in Respect of COVID-19’ Air & Space Law, Vol 45, Special Issue (2020), p. 143.

• 'The Montreal Convention 1999 at 21: has it come of age or passed its sell-by date?' Air & Space Law, Vol 45, No. 3 (2020), p.265. Also published in Mandarin in the Aviation Law Review, pp.250-268 (2022)《 航空法评论(第10辑)》with translation by Dongyuan Zhao.

• 'COVID-19: état des lieux au 1er mai 2020 de la réponse du Royaume-Uni.' Revue Française de Droit Aérien et Spatial, 2020, Vol 293, p.14.

• 'Will COVID-19 prove to be a great disruptor to progress of the EU State Aid policy?' (2020).

• Behind and Beyond the Chicago convention: The Evolution of Aerial Sovereignty (eds. Mendes de Leon & Buissing; Wolters Kluwer, 2019), chapter 'Does an Immovable Object Meet an Irresistible Force? An EU Perspective on the Apparent Tension Between the Protection of Airspace Sovereignty and the Notion of Private Sector Transnational Carriers'.

• ‘The Montreal Convention 1999 and the decisions of the ECJ in the case of IATA and Sturgeon - in harmony or discord?’, Air & Space Law, Vol 36, No.2 (2011), p.99.

• ‘UK Air Passenger Duty held to be consistent with the Chicago convention’, Air & Space Law, Vol 33, No.1 (2008), p.3.

• Halsbury’s Laws of England - title ‘Aviation’, Volume 2(3), 4th Edition Reissue (2003), also published with adaptation as The Laws of Scotland: Stair Memorial Encyclopaedia - title ‘Aviation’, Reissue (2003).

Rob speaks regularly on the international air law conference circuit on a variety of aspects of aviation law, and has spoken at events organised by the International Civil Aviation Organization, International Air Transport Association, European Air Law Association, International Chamber of Commerce, UK Civil Aviation Authority, UK Air Accidents Investigation Branch, McGill University and Leiden University, amongst others. He is Fellow of the Royal Aeronautical Society and was Chairman of its Air Law Group from 2010 to 2016. He is also a fellow of the International Academy of Trial lawyers, and a member of the Chartered Institute of Arbitrators, the Executive Committee of the European Air Law Association and the Expert Committee of the Shanghai International Aviation Court of Arbitration.

Experience

In relation to the Warsaw and Montreal Conventions:

• Wealmoor Ltd v. KLM CIA Real Holandesa de Aviacion [2025] EWHC 1706 (Comm) – ‘event which caused the damage’, ‘inherent vice’, ‘defective packaging’

• Ford v. Malaysian Airline System Berhad [2014] 1 Lloyd's Rep 301 (CA) – 'accident'

• Barclay v. British Airways Plc [2010] QB 187 (CA) – 'accident'

• Laroche v. Spirit of Adventure (UK) Ltd [2009] QB 778 (CA), [2008] 4 All ER 494 (QBD) – time bar, 'aircraft'

• Re Deep Vein Thrombosis and Air Travel Group Litigation [2006] 1 AC 495 (HL), [2004] QB 234 (CA), [2003] 1 All ER 935 (QBD) – 'accident', airline liability for DVTs; successful defence of class action acting for 26 of the 27 carriers orginally sued, as well as advising and assisting with the written advocacy in the parallel Australian case Povey v. Qantas Airways Ltd [2005] 223 CLR 189 (HCA), (2003) 11 VR 642 (SCV(CA)).

• GKN Westland Helicopters Ltd v. Korean Air [2003] 2 Lloyd's Rep 629 (QBD) – interface of the convention with CPR Pt 36.

• Morris v. KLM Royal Dutch Airlines [2002] 2 AC 628 (HL), [2002] QB 100 (CA) – 'bodily injury'

• Disley v. Levine [2002] 1 WLR 785 (CA), [2001] PIQR P10 (QBD) – 'aircraft'; 'passenger'; carriage 'for reward'

• Rolls Royce Plc v. Heavylift-Volga Dnepr Ltd [2000] 1 Lloyd's Rep 653 (QBD) – scope of carriage by air; 'aerodrome', article 25 recklessness

• The Post Office v. British World Airlines Ltd [2000] 1 Lloyd's Rep 378 (QBD) – entitlement of Post Office to sue pursuant to the Convention re mail flights

• Chaudhari v. British Airways Plc [1997] EWCA Civ 1413 (CA) – 'accident'

• Deaville and others v. Aeroflot Russian International Airlines [1997] 2 Lloyd's Rep 67 (QBD) – Jurisdiction; stay of foreign proceedings

• Milor SRL v. British Airways Plc [1996] QB 702 (CA) – Jurisdiction, forum non-conveniens

• Gurtner v. Beaton [1993] 2 Lloyd's Rep 369 (CA), (1990) 1 S&B Av R VII/499 (QBD) – article 25 recklessness; apparent authority

In relation to Regulation (EC) No.261/2004:

• Gahan v. Emirates [2018] 1 WLR 2287 (CA) – territorial extent; connecting flights

• Dawson v. Thomson Airways Ltd [2015] 1 WLR 883 (CA) – applicable limitation period; obligation to follow EU law

• Huzar v. Jet2.Com Ltd [2014] 4 All ER 581 (CA) – 'extraordinary circumstances'

In relation to public international air law/ the Chicago convention 1944:

• R (Kibris Turk Hava Yollari) v. Secretary of State for Transport [2011] 2 All ER (Comm) 340 (CA), [2010] 1 All ER (Comm) 253 (QBD) – Sovereign territory; suspension of treaty rights; obligation to respect treaty rights of other signatory states; the right to fly to Northern Cyprus

In relation to the admissibility of Annex 13 air accident reports in civil proceedings:

• Rogers v. Hoyle [2015] QB 265 (CA)

In relation to travel law/ ATOL Regulation:

• R (The Association of British Travel Agents Ltd) v. Civil Aviation Authority [2007] 2 All ER (Comm) 898 (CA), (2006) ACD 49 (QBD) – 'package'; successful judicial review of CAA's legal interpretation

In relation to slots:

• The purchase by British Airways Plc from the administrators of Monarch Airlines Ltd of Monarch's entire portfolio of take-off and landing slots at London Gatwick airport (2017)

In relation to route allocation/licensing:

• Air Transport Licensing Authority of Hong Kong’s Public Inquiry re Application for a Licence by Jetstar Hong Kong Airways Ltd (2015) – Principal Place of Business; successful objection to licensing of Jetstar Hong Kong

• Civil Aviation Authority Scarce Capacity Allocation Certificate Decisions 1/12 (Moscow), 1/10 (Cairo) & 1/09 (Kiev)

• Civil Aviation Authority Air Transport Licences and Route Licences Decisions 2/99 (Zurich/Geneva), 4/98 (Moscow) & 3/98 (Cape Town)