Norton Rose Fulbright LLP
Related services and key industries
Nicola Fenton is a litigation and disputes resolution lawyer based in London. She focusses her practice on court litigation and alternative disputes in aviation.
Nicola acts for variety of clients in the aviation industry on a wide range of issues including disputes relating to leasing and financing, contractual issues/disputes, and regulation within the aviation and travel industry, including Regulation 261, the package travel regulations and Montreal Convention. She regularly handles claims at all levels from County Court, High Court, Commercial Court and Court of Appeal and including advising on the viability of references to the CJEU pre-Brexit.
BA in Business Finance, University of Durham, 2001-2004
GDL, College of Law, 2005
LPC, College of Law, 2006
- England and Wales 2013
Advised / represented:
- Air Canada, in the High Court - in a passenger claim arising from EC261 and raising issues of extraterritorial jurisdiction and the effect of public international law upon the competence of the EU such that when properly construed in accordance with international law principles, the relevant regulation could not apply to the claim (Marjolyn Varano v. Air Canada).
- Jet2.com Limited, easyJet and British Airways - in two matters which progressed to the Court of Appeal in respect to whether technical issues (Jet2.com Limited v. Huzar) air traffic management decisions (Blanche v. easyJet) or crew illness (Lipton v. British Airways Plc) may be an extraordinary circumstance, the latter of whcih is currently pending with the Supreme Court.
- Air Canada and British Airways - in relation to (a) the validity of the agreement between the airline and passengers (by way of the general terms and conditions of carriage) to a mandatory process for making claims for compensation and the effect of failure to comply with that agreed process; (b) the validity and effect of an assignment to a claims management company and subsequent re-assignment; and (c) the validity and effect of an airlines' right, pursuant to its terms and conditions, to make payment directly to the passenger.
- easyJet - in relation to data breach claims, and specifically claims from individual claimants.
- Aeromexico - in relation to a passenger claim for denied boarding in Mexico and claims for breach of contract, and including a claim under the EU261 regulation raising issues of extraterritorial jurisdiction.
- Jet2Holidays Limited - in a breach of contract dispute in relation to the recovery of advance payments and the indemnification for damages and costs paid.