Simon Phippard , LLB AKC FRAeS
I am a specialist aviation and aerospace lawyer with a wide range of experience in contentious and non-contentious matters both in private practice (23 years) and in-house (7 years). I originally specialised in litigation and arbitration, handling commercial, insurance and liability disputes worldwide as solicitor and client. This included 10 years in aviation casualty work including major accidents and recourse claims. More recently, I have gained extensive experience in transactional work including commercial negotiations. I have a unique level of technical and product related knowledge on flight operations, product integrity and regulatory requirements, continuing airworthiness management and other issues affecting design, manufacture, repair and operation of all kinds of aircraft. Extensive experience in international, regional and domestic economic and technical regulation affecting aviation. Particular specialisation in unmanned aircraft and application of new technologies to aviation business.
Specialist also in anti-bribery and corruption compliance across aviation, aerospace as well as other sectors.
Panel
- Contributing Author
Qualified Year
- 1989
Experience
- Clifford-Turner and Clifford Chance (1987 - 1994)
- Barlow Lyde & Gilbert (1995 - 2005)
- Rolls Royce plc (2005 - 2012)
Membership
- Fellow of the Royal Aeronautical Society (Council member 2017-2019)
- Freeman of the Honourable Company of Air Pilots
- Member of the Aircraft Operators and Pilots' Association
- Member of the Royal United Services Institute for Defence Studies
Qualification
- Solicitor (1989)
Education
- Kings College, London (1985)
- College of Law, Guildford (1986)
- University College, London (1988)
3 Contributions by Simon Phippard
PRACTICE NOTES
EU drones and UAS legal framework: EASA operational categories, Implementing and Delegated Regulations, U-space, cross-border operations, product design and manufacture (CE marking), product liability and insurance, cybersecurity
This Practice Note reviews the principal EU legal considerations tied to operating unmanned aircraft, or drones, for leisure and business purposes. It covers:
Drones—the basics
International aviation regulation
European aviation regulation
Classification of drones under the Implementing Regulation and the Delegated Regulation
Key provisions of the Implementing Regulation
Product liability
Insurance
Cybersecurity
Regulating the design and manufacture of UAS
Uncrewed aircraft (including other forms of uncrewed aeroplanes) are typically grouped into three main classes. The largest uncrewed types, such as those built for carrying passengers or for extended-range military use, are handled in law in the same manner as crewed aeroplanes. As a result, they face stringent oversight, encompassing platform certification and registration, pilot licences and operating rules comparable to standard civil aviation. This drone class is outside the scope of this Practice Note. Operations with unmanned aircraft that fall short of conventional certification benchmarks, yet can be shown to be safe, comprise the second class. For many years, most aviation authorities have possessed, and in some cases been obliged to exercise, powers to authorise such activities via a permit to fly regime or by granting operators exemptions from specified obligations through permits, exemptions and regulator approvals, as necessary only...
EU Law
PRACTICE NOTES
UK drones and UAS: regulatory framework, operational categories (open/specific/certified), compliance and civil/criminal liability, including ANO, CAP 722, UK SORA, and assimilated Implementing and Delegated Regulations
This Practice Note
This Practice Note reviews principal UK legal matters connected to the deployment of unmanned aircraft, or drones, for leisure and business purposes. Unmanned aircraft systems are typically grouped into three broad classes recognised by regulators, covering the spectrum of activities relevant to recreational and commercial use in the UK context. The largest platforms, such as those designed for carrying passengers or for extended-range military use, are regulated as if they were crewed aircraft. Accordingly, they face comprehensive rules: airframe certification and registration, pilot licences, and operating procedures comparable to those applied in conventional civil aviation operations. This Practice Note does not address that class. A second class encompasses operations that cannot satisfy conventional certification, yet can be shown to be safe in practice. For many years, aviation authorities have possessed, and sometimes been obliged to exercise, powers to authorise such activities via permit-to-fly regimes, or by exempting operators from specified aeronautical rules. Often, these permissions or waivers carry platform-specific conditions or constraints tailored to the particular operation, reflecting the risk presented to third parties in the vicinity. The third class comprises lightweight drones flown at low altitude, within visual line of sight, at low level and within sight during operation...
TMT
PRECEDENTS
Commercial Drone Services Agreement: Pre-Flight Surveys, Operations, Deliverables, IP and Data Protection, Indemnities and Insurance (England and Wales)
Parties
[ insert name of Operator ] [ of OR a company incorporated in [ England and Wales ] under registered number [ insert registered number ], whose registered office is at ] [ insert address ] (the Operator);
[ insert name of Customer ] [ of OR a company incorporated in [ England and Wales ] under registered number [ insert registered number ], whose registered office is at ] [ insert address ] (the Customer).
Each of the Operator and the Customer is a party, and together the Operator and the Customer are the parties.
Background
The Operator carries on the business of providing [ drone services ] to other businesses.
The Customer carries on the business of [ insert description ].
The parties have agreed that the Operator will provide [ drone services ] to the Customer on the terms set out in this agreement (the Agreement).
...
TMT
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