Philip Shepherd specializes in commercial litigation and arbitration often involving International aspects. His practice focuses on private international law, particularly aviation, conflicts of law, international jurisdiction disputes, product liability and cases involving the application of foreign laws.
The reported cases in which he has appeared as counsel speak for themselves.
Philip was counsel for a group of travel agents who claimed arrears of commission from Pakistan International Airways and recently succeeded in obtaining a judgment which is now the leading case on when otherside lawful actions can nonetheless amount to economic duress (see Times Travel Ltd v PIAC  EWHC 1367 (Ch)).
Philip appeared for the successful Respondent in the Patel v Mirza  UKSC 42 appeal before a panel of 9 Supreme Court Justices. This was convened by Lord Neuberger – the President of the Supreme Court – due to the current division in the Supreme Court as to the approach the law should adopt as to when and how illegality should inhibit restitutionary contractual or tortious remedies.
He acts as counsel and arbitrator in commercial arbitrations. For example, Philip was counsel in the leading case on the confidentiality of arbitration, Emmott v Michael Wilson and Partners  AER 162. There have been many other reported cases related to this arbitration over the last 12 years. The latest is the leading case on third party debt orders (see  EWHC 1496 (Comm)). This dispute has also produced a leading case on the scope of arbitration clauses, abuse of process and anti-suit injunctions in support of arbitration (see  1 Lloyd’s Rep 299).
Philip was counsel in the House of Lords for Simon Mann in the claim for damages arising out of an alleged coup d’etat in President of Equatorial Guinea v Logo Ltd  QB 846: the leading case on the justiciability and enforceability of foreign public and penal laws outside the territory of a foreign sovereign state and also in Islamic Republic of Iran v Barakat Gallery  1 AER 1177 a claim concerning allegedly looted works of art
Philip is recognised as a specialist in aviation law particularly aircraft finance, leasing, insurance and product liability. He recently appeared as counsel in ACG Acquisition XX LLC v Olympic Airlines  EWHC 1070 (Comm), the first case to examine in detail the structure and construction of aircraft operating leases and the respective rights and obligations of lessor and lessee when the aircraft in question was not airworthy at delivery. Olympic Airways have recently been granted leave to appeal to the Court of Appeal.
In Jet2.com v Blackpool Airport Limited  EWCA Civ 417 in which Philip acted for Jet2.com the Court of Appeal examined the meaning of best endeavours and reasonable endeavours in the context of a 15 year airport services contract upholding a first instance Judgment  EWHC 1529 (Comm) in favour of Jet2.com.
In Blue Sky One Ltd and ors v Mahan Air  EWHC 3314 the Court considered issues relating to title to 3 Boeing 747 aircraft in the context of United States sanctions against Iran. In the same case  EWHC 631 the court considered the measure of damages for conversion of the 3 aircraft and the enforceability of aircraft mortgages applying the lex situs rule. Philip is acting in connection with crash of AF 447. He has recently been instructed by a consortium of leading Beijing law firms to act for Chinese claimants arising out of the loss of MH 370. The loss of this aircraft must rank as one of the greatest unsolved mysteries in the history of commercial aviation.
Philip was invited to act as an advocacy trainer at the 2016 Singapore Law Society Litigation Conference in April 2016. In 2011 & 2012 Philip chaired the Butterworths Aviation Finance and Regulation Conference in London. Philip was a speaker at seminars held in London and New York in June 2012 examining the consequences for financiers lessors and lessees of ACG Acquisition XX LLC v Olympic Airlines.
Philip acts as mediator and arbitrator in aerospace disputes throughout the world – he was recently appointed arbitrator in a New York aviation arbitration by the American Arbitration Association. Philip is a member of the Royal Aeronautical Society Panel of Mediators and Arbitrators.