Roger Whipp

Full Profile

Roger was called to the Bar of England and Wales in 1987 and was admitted as a solicitor in England and Wales in 2010. He has a particular expertise in airline fleet procurement projects and engine OEM support agreements. He also advises on regulatory and contentious matters.

Roger was senior in-house commercial counsel at British Airways Plc from 1995 to 2006. At British Airways he advised BA Flight Operations, BA Engineering, BA World Cargo, the BA Executive Club and on a number of business critical projects including the launch of low cost carrier Go, the outsourcing of major functions and the suspension, reinstatement and ultimate retirement of the BA Concorde fleet. He also advised on aircraft and engine fleet procurement projects and engine flying hour maintenance agreements including the BA A380 and B787 fleets.

Roger left British Airways in 2006 to further his career in private practice. He has held a series of senior positions at international law firms, joining Clyde & Co in 2019.

Roger has advised airline clients in the United Kingdom, Europe, the United States, South America, India, China, Africa and the Middle East on fleet procurement, aircraft and engine leasing arrangements and flying hour engine maintenance agreements.

Roger was chair of the IATA Cargo Legal Working Group and is a Fellow of the Royal Aeronautical Society.

Roger is the General Editor of A Global Guide to Aircraft Finance published by Thomson Reuters (2016).
 

Experience

At British Airways

• Advising on the setting up of low cost carrier Go;
• Advising on the outsourcing of IT services;
• Advising on the outsourcing of logistics services;
• Advising on a $1.5 billion engine maintenance agreement supporting RB211 engines;
• Advising on a Heathrow slot swap agreement;
• Legal representative on the project team set up to reinstate the Concorde Certificate of Airworthiness;
• Advising on the loan arrangements with various parties for the retired Concorde aircraft;
• Advising on the transfer of South West Pacific Executive Club members to the Qantas frequent flyer programme;
• Advising on the replacement of Executive Club mileage currency with BA Miles;
• Legal representative on the project team responsible for the procurement of the A380 and B787 fleets;
• Legal representative on the project team responsible for the relocation of BA's operation to Terminal 5 at Heathrow;
• Working with external counsel on various anti-trust claims in the UK, Europe and the USA;
• Advising on arbitration proceedings in the ICC and LCIA involving major suppliers;
• Advising on mediation proceedings in relation to various commercial disputes;
• Advising on proceedings relating to comparative advertising against a competitor airline;
• Advising on an OFT investigation into Executive Club terms and conditions.

In Private Practice

• For British Airways – Trent 900 Total Care Agreement and Fleet Support Agreement with Rolls-Royce to support Airbus A380 fleet, including product warranties, spare engine availability guarantee, product guarantees and fuel guarantees. Also the amendment and restatement of a spare parts pricing and payment agreement;
• For British Airways - Trent 1000 Total Care Agreement and Fleet Support Agreement with Rolls-Royce to support Boeing 787 fleet, including product warranties, spare engine availability guarantee, product guarantees and fuel guarantees;
• For British Airways - amendment of Trent 895 Total Care Agreement and Fleet Support Agreement with Rolls-Royce to support Boeing 777-200ER fleet;
• For British Airways - On-Point Agreement and amendment of General Terms Agreement with GE to support Boeing 777-300ER fleet;
• For British Airways – amendment of MCPH (On-Point) agreement with GE to support Boeing 777-200ER fleet;
• For British Airways – amendment and restatement of V2500 Fleet Hours Agreement with IAE and amendment of General Terms Agreement including product warranties and guarantees including fuel guarantees;
• For British Airways – advising on a Transition Agreement on the termination of Franchise Agreement with a franchise partner airline;
• For British Airways – advising on an engine lease with an engine leasing company;
• For Air Tanker Services Limited – negotiation of Trent 700 Total Care and Product Support Arrangements with Rolls-Royce to support civil Airbus A330 fleet;
• For Air Tanker Services Limited – advising on all regulatory requirements applicable to the operation of commercial air services under an EASA AOC;
• For Air Tanker Services Limited – advising on the wet lease of an Airbus A330-200 aircraft, regulatory and route rights issues;
• For a major Chinese carrier – advising on regulatory compliance issues for the launch of a UK website;
• For Hawaiian Airlines - Trent 700 and Trent XWB Total Care Agreements and General Terms Agreements with Rolls-Royce to support Airbus A330-200 fleet and A350-800 order;
• For Hawaiian Airlines - engine competition for Airbus A321neo fleet order. Negotiation of support arrangements with both CFM for the LEAP engine and Pratt & Whitney for the PW1100G engine. Final negotiations with PW to signature of (i) Engine Purchase Support Agreement, product warranties and performance guarantees including fuel guarantees; and (ii) Fleet Management Programme covering maintenance support, spare engine support and availability guarantees;
• For Hawaiian Airlines – conversion of Airbus A350-800 order to Airbus A330neo order. Amendment of Airbus Purchase Agreement and negotiation of new Trent 7000 Total Care Agreement and General Terms Agreement with Rolls Royce;
• For Hawaiian Airlines – renegotiation of engine support arrangements with Pratt & Whitney to support Boeing 767 fleet retirement;
• For easyJet - engine competition associated with its Airbus A320neo fleet order. Negotiation of support arrangements with both CFM for the LEAP engine and Pratt & Whitney for the PW1100G engine. Final negotiations with CFM to signature of (i) General Terms Agreement amendment covering performance guarantees including fuel guarantees; and (ii) Maintenance Services Agreement covering maintenance and spare engine support;
• For China Southern Airlines - Trent 900 Total Care Agreement and Product Support Agreement with Rolls-Royce to support Airbus A380 fleet including fuel guarantees;
• For Cargolux - re-negotiation of RB211 Flying Hour Agreement with Rolls-Royce to support Boeing 747-400 fleet;
• Acting for a Royal Flight on the negotiation of GEnx guarantees with GE, including fuel guarantees;
• For a Saudi Arabian based airline – Trent 700 Total Care Agreement and interaction with lessor OPERA arrangements;
• For a South American low cost airline – negotiation with GE of CFM56 and LEAP GTAs and MSAs to support an order for 50 A320ceo and A320neo aircraft including special guarantees;
• For Hawaiian Airlines – negotiation of GTA including product guarantees and TrueChoice flight hour agreement to support order for GEnx powered Boeing 787-9 aircraft;
• For an African airline – negotiation of Trent 7000 Total Care Agreement and associated documents with Rolls-Royce to support an A330-900 order;
• For an Indian airline – advising on an engine lease with an engine leasing company;
• For a private client – advising on the successful defence of UK High Court proceedings, including an appeal to the Court of Appeal, arising from an aborted USD 55 million aircraft acquisition (reported Global 5000 Ltd v Wadahawan [2012] 2 All ER (Comm) 18 (CA)).