Heathrow’s third runway mass expansion

The potential knock-on effect for the rest of the UK’s airports if the plan for a 3rd runway at Heathrow gets the green light have been revealed and it does not look promising.

If Britain wants to meet its climate targets, then no further airport expansions will be possible until 2050. Given that carbon-neutral plane engines are still some way away from becoming the norm, further expansions seem impossible.

The Head of the committee on climate change, Lord Deben told Sky News “If Heathrow is built it has to be built within the envelope of emissions which we have allowed for aviation. It has knock-on effects. It means you can’t build similar things elsewhere in the country… It is for the government to decide what we as a nation put our priorities in. But it has to realise that it can’t move outside those parameters.”

In opposition to this view, Karen Dee, Chief Executive from the Airport Operators Association, also told Sky News that she was confident that as long as the industry kept pushing new technology to improve plane efficiency then she didn’t believe the aviation limits would prevent expansion of activity for other UK airports.

As well as the estimated 800 homes that will need to be destroyed to allow the new runway, it seems that the effect of the proposals will extend much further than the immediate vicinity and potentially impact upon the whole of the United Kingdom and the expansions plans of any airports therein.   

© 2019 Whitestone Chambers

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North Face – Red Faced Apology Over Wikipedia ‘Hack’

North Face has apologised for manipulating Wikipedia to boost its Google search results.

The well-known US clothing brand, which emerged from humble beginnings as a retailer of specialist climbing gear, came under sharp criticism when its new ad campaign video explaining what it had done, was shared online by Advertising Age.

In the campaign video, North face proudly announced how they had “hacked” the search rankings using Wikipedia pages and it cost “nothing”. Further boasting how they cleverly noticed; “before going on a trip, everyone does a google search” and “most of the time, the first image is from Wikipedia”, so they “did what no one has done before”.

They photographed models wearing their brand in more than 15 adventurous places, including Brazil’s Guarita State Park, as well as California’s Cabo peninsula and Scotland’s Cuillin mountains. Then in April, with hired help from a Brazilian subsidiary ad agency Leo Burnett Tailor Made, they simply switched the Wikipedia location images for their own branded images. “simple as that” according to the video..

The self-praising video was not well received and experienced a social media backlash whilst The Wikimedia Foundation, which set up and oversees the online encyclopaedia, called the campaign ‘unethically’ manipulating, adding, “what they did was akin to defacing public property,… commercial promotion goes directly against the policies, purpose and mission of Wikipedia to provide neutral, fact-based knowledge to the world.”

North Face was left red faced and duly issued the following apology via Twitter:

“We believe deeply in Wikipedia’s mission and apologise for engaging in activity inconsistent with those principles,”

But North Face didn’t stop there, announcing:

“Effective immediately, we have ended the campaign and moving forward, we’ll commit to ensuring that our teams and vendors are better trained on site policies.”

Leo Taylor Burnett were also suitably humbled by the online condemnation and stated:

“Leo Burnett Tailor Made found a unique way to contribute photography of adventure destinations to their respective Wikipedia articles while achieving the goal of elevating those images in search rankings. We’re always looking for creative ways to meet consumers where they are. We’ve since learned that this effort worked counter to Wikipedia’s community guidelines. Understanding the issue, we ended the campaign. Our team has further accepted an invitation by Wikipedia to learn more about the platform and their work to share unbiased, fact-based knowledge. We look forward to working with Wikipedia to engage with them, and with respect to their network of volunteer editors, better in the future.”

You might be forgiven for thinking that this concluded the saga; social media does have a social conscience, and North Face may just have paid a heavy price after all, having to suffer the financial loss of production costs, agency costs and cost to their reputation. However, a cynic may suggest that the publicity caused by such stunts, the ensuing controversy and attention around it can be part of the overall campaign goal and brand marketing strategy.

So maybe that was the plan all along Now we are all very much more aware, more than ever, of North Face and of course (if you didn’t know them before, you do now), the ad agency Leo Burnett Tailor Made.

© 2019 Emma Connolly

www.whitestonechambers.com

law@whitestonechambers.com

 

Does Social Media = Jail Time?

Fraudulent litigants be warned!

Have you been entirely truthful? If not, you may fall foul to your own Social Media history!

The recent Court of Appeal judgment in Zurich Insurance PLC v David Romaine, [2019] EWCA Civ 851 (CA), makes it clear that committal proceedings can be brought against a litigant whose Social Media activity, in this case a Facebook account, reveals dishonesty.

The claimant issued personal injury proceedings against his former employer for noise induced hearing loss relying on a medical report which stated that he; ‘had not had any noisy hobbies’. The appellant solicitors commissioned an ‘intelligence report’, in which the claimants Social Media history was inspected, revealing that he was a motorbike enthusiast and performed in a live rock band. This was served. Tactically, the claimant discontinued his claim and the appellant issued committal proceedings. At first instance Goose J found that despite a contempt, it was not in the public interest for proceedings to be brought in circumstances of discontinuance at an early stage and dismissed the appellant’s application. The matter went on appeal, consequently the Court of Appeal granted permission for committal proceedings to be brought.

LJ Haddon-Cave stated; “a message needs to go out to those who might be tempted to bring – or lend their names to – fraudulent claims: that dishonest claimants cannot avoid being liable to committal proceedings merely by discontinuing their original fraudulent claim”.

It is now clearer than ever that:
• Electronic evidence is and will become vital in cases, to establish the merit of a litigant’s case. The inspection of such, ought to be an additional step for legal professionals and will become key part of the preparation process for litigation.

• Over the past decade Social Media has changed how we communicate and share information about ourselves and our lives. It is a treasure trove of evidence in the public domain. This is easily accessible and not exempt from the eye of the law. Any assertion in evidence and conduct of parties, can be proven or unproven by gathering evidence from Social Media platforms to form an ‘intelligence report’, which in light of this recent judgment, will most likely become commonplace.

• Discontinuance under part 38, cannot be used by a claimant as a tactic to ‘wind up’ a claim, without adverse repercussions, in circumstances where there is clear evidence of untruths, particularly, from social media posts and in response to part 18 questions or in their witness statements.

• Committal proceedings should be considered in cases of fraudulent conduct.

© 2019 Whitestone Chambers

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London Stansted is the worst airport for flight delays in 2018

The Press Association has released a report on its analysis of the Civil Aviation Authority, (CAA), delay data, for all scheduled and chartered flights in 2018 across 24 major UK airports.

It shows Stansted had the longest average flight delays of any airport in Britain last year, as passengers were kept waiting on average 25 minutes. While the average flight delay across all the featured airports was 16 minutes.

Stansted is the fourth busiest airport in the UK and a hub for several low-cost eastern European airlines, as well as being Ryanair’s biggest base, it also covers significant operations by EasyJet and Jet2.

A spokesperson for Stansted blamed “a particularly challenging summer last year,” adding that “adverse weather and air traffic control issues had a dramatic impact on airline on-time performance”. Commenting further that a multimillion-pound investment by Ryanair to support its ground operation at the airport “has already helped deliver significant service improvements to flight punctuality”.

Which? Travel editor Rory Borland said: “It’s completely unacceptable”. “These delays aren’t just an inconvenience but can leave holidaymakers hundreds of pounds out of pocket… airlines should stop passing the buck and make it easier for their passengers by finally introducing automatic compensation.”

Agreeing, Alex Neill, a managing director at Which? said delays were “one of the most frustrating things about travelling” and urged passengers to “claim what they are entitled to”. She added that airlines should introduce automatic compensation, so people receive what they are owed “without having to jump through hoops”.

In response the Airport Operators Association, (AOA), listed a “range of factors” for delays last year, such as cold weather blasts, air traffic controller strikes in Europe, and disruption partly caused by constraints of “outdated” UK airspace infrastructure. They added, “Airports are working with air traffic service providers and the government to plan and deliver the necessary changes so everyone can continue to fly with a minimum of delays.”

Download to see the full list of average delays.

 

© 2019 Emma Connolly

www.whitestonechambers.com

law@whitestonechambers.com

 

Wizz Air! Get on board!

The UK’s airline of choice Post-Brexit, (potentially).

So, who are Wizz Air and why might they become the UK holiday makers airline of choice Post-Brexit?

Jozsef Varadi, Chief Executive Officer of Wizz Air, the Budapest-based airline, which offers routes from London to fast-growing non-EU destinations, takes a refreshingly frank but confident approach in answer to Brexit complications for airlines.

Varadi, simply finds the furore around Brexit ‘tiring’ and ‘would like to see the end of it, whatever it is.’ This contrasts with the cautious approach taken by some rivals. EasyJet recently raised concerns about how Brexit will affect demand. No such worries for Wizz Air as, according to Varadi, demand remains robust, while ‘current performance … is pretty solid’, with net profit for the year in the upper half of its guidance, showing a growth of 30 percent in London since the Brexit vote.

Varadi concedes that Wizz Air still have work to do to meet EU rules post Brexit. Due to share ownership rules, airlines that are not majority owned by EU nationals are set to lose their right to fly within the bloc after Britain leaves the EU.

Wizz Air are not close to being 50% owned by EU nationals outside of Britain. To resolve the issue, Varadi is seeking more EU investors, as well as, setting up a subsidiary in Britain to protect Wizz Air flights between the EU and the UK after Brexit and flights from the UK to elsewhere. In addition, like other airlines, Wizz Air has clauses in its articles of association which allow it to remove voting rights from all non-EU shareholders as a last resort.

Seemingly, Wizz is not fizzed and Varadi does not; ‘think that we’re going to end up with a disastrous scenario on aviation’, post-Brexit. He believes Britain should ‘just get it done and move beyond Brexit’. A positive outlook and sentiment, that might just get a warm welcome from UK holiday makers, seeking a Brexit / post-Brexit getaway, and who might just check-out Wizz Air.

© 2019 Whitestone Chambers

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Norwegian Airlines losses revealed.

Norwegian airlines suffered a loss of £133.5 million in the first quarter of 2019. They are reassessing their financial situation since the impermanent global ban was incorporated on MAX 8 operations as the aircraft was involved in two accidents in a short space of time.

The airline currently has eighteen 737 Max 8’s and several deliveries have been placed on hold.

The chief executive of Norwegian Airlines said, he has numerous meetings with BA to discuss the negative effects on grounding to eliminate the problems the MAX 8 is causing Norwegian Airlines and the wider industry. He also stated the airline has been doing everything to ensure flights are carried out as normal by using wet lease companies when needed.

After suffering such a drastic loss, the airline intend to recover their profits margins by running an extensive cost-reductions programme and the sale of an, as yet undetermined, aircraft,

Currently, the airline express positivity in their new implementations this quarter despite suffering 737 Max problems. They indicate they have taken serious measurements in increasing profitability.

© 2019 Whitestone Chambers
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Samsung Galaxy S10’s connection failure.

Samsung have released their Galaxy S10 in Korea and it is already generating several connection complaints!

Korea states that Galaxy S10 users have no problems connecting to 5G, the issue occurs when customers connect to their LTE after being connected to 5G. Interestingly enough the phone does not recover its connection until users have rebooted their phone numerous times.

The Galaxy S10 5G is only available in Korea, it is expected to launch in the US on May 16 to Verizons network on a short-term basis. The Galaxy S10 is the fourth smartphone within the Galaxy S10 line-up.

In response to the issues, Samsung have delivered the relevant software needed for the phone to switch independently to each network. Regardless it is still bad news for Samsung. Two network carriers in Korea, LG U+ and SK Telecom have said they their 5G base stations are all up and running with no problems.

5G is only just beginning to launch so there is likely to be a number of issues. Many people have decided to wait before purchasing the Galaxy S10 until all the issues have been sorted out.

© 2019 Whitestone Chambers

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law@whitestonechambers.com

 

Keeping up with airline trends!

In the competitive world of aviation, airlines are constantly trying to outshine their rivals. Aerospace companies are continuously looking at alternatives on how to advance current passenger experience.

Over 500 exhibitors attended the annual Aircraft Interiors Expo in Hamburg, this is the biggest showcase for cabin innovation. Several exhibitors presented new in-flight entertainment systems, new seats, lights, materials and creative layout ideas.

Below is a list of the key trends discovered at the show.

Feel at home.

Airlines are going for a “warmer” feeling. Lantal Textiles AG, an aircraft fabric manufacturer produced softer cabin curtains with a plush three-dimensional weave. They also showcased flooring that sets a relaxing atmosphere in the cabin space.

Mood lighting is quite a popular element at the moment. Collins Aerospace have launched a reading lamp with many applications ranging from large spot to small target, with complete colour options, removing the need for extra elements such as sidewall lighting.

Relax in economy.

Recaro Holding GmbH have released a redesign of their CL3710 back-of-the-cabin seat which has been built specifically for long haul flights, featuring sleeping aids such as a wraparound head support and a retractable ledge allowing extensions of the seat and additional thigh support. We really want to see this one in production.

Airbus is introducing a new seating idea, called the settee corner. This will leave passengers with a bench that they can use for meetings or use the extra space to take a nap.

Scent and sensibility.

Panasonic Avionics Corp have created an air-deodorizing system that will keep their aircraft smelling fresh, this will purify the air and reduce bacteria. Passengers can now say goodbye to that decayed cabin smell. Fit ASAP please.

Mapping it out.

In-flight maps have always been a popular feature, however now they will be tailored to each passenger. Panasonic is publishing a map that contains passengers personal travel information, including their loyalty program and a combination of their entertainment features. This will be up and running next year.

Smart bins.

Airbus wants to introduce smarter bins overhead with sensors that track the weight of luggage. Eventually they want to start allowing customers to book their own bin space as this will allow cabin crew to monitor the amount of luggage on board. This cannot come to soon and can remove the worry of will I get my luggage in an overhead next to me.

© 2019 Christopher Loxton

www.whitestonechambers.com

law@whitestonechambers.com

 

Apple tracks you!

Apple keeps a record of all frequent locations visited as the iPhone tracks your duration spent at the location and what type of transportation was used to get there. This is done by a small device which logs all your locations and how many times you have visited them by tracking your ‘Significant Locations’.

Apple claim this allows them to provide a personalised service such as traffic routes and help in building photo memories. Google also records user’s location data, through location history found if you have a Google account activated on your phone.

The location data is encrypted and stored on your iPhone and it is not distributed without consent. Do look at this part of your device, it is a bit creepy.

If you want to stop Apple from tracking your ‘Significant Locations’ follow the steps to turn it off and delete the history from your iPhone, so the data is untraceable.

  1. Open the Settings app and click the Privacy tab.
  2. Then click the first option which is Location Services.
  3. Scroll to the end of the page and click System Services.
  4. Then you will see a list of the inbuilt Apple services you have allowed access to your location data.
  5. Continue scrolling and click on Significant Locations, a password, fingerprint or face ID will be requested.
  6. Then you will see a list of all your locations, you can even find the exact addresses visited and the duration spent at that location.
  7. Scroll to the end and click Clear History.
  8. Scroll back up to Significant Locations, click the screen and finally this secretive feature is removed!

It is likely that Apple may still have access to your data, at least you can prevent access to your location data.

© 2019 Lawrence Power

www.whitestonechambers.com

law@whitestonechambers.com

Wow Air failure leaves thousands of passengers stranded.

Iceland’s Wow Air ceased operations and cancelled their flights resulting in passengers being left stranded. Passengers traveling with Wow Air are advised to book with other airlines.

Airlines may offer rescue fares or flights at a reduced fare, the travel editor for the independent said he did not think other airlines would intervene as they have no intention of making a profit from a bad situation.

Wow were selling flight tickets until 07:00 on the morning they went bankrupt. There is a possibility of compensation if passengers booked their flights through a package, they may be entitled to get their money back as they were part of an ATOL. If this is not applicable to passengers, then they might be able to claim their money back through their travel insurance. Otherwise passengers may be eligible to receive some compensation from Wow according to the European Regulation on Air Passenger Rights.

Lately airlines are experiencing financial trouble especially with higher fuel bills. Ryanair admitted to their first quarterly loss since March 2014, Flybe was bought for a one penny share and Germania airlines went bankrupt. There is further turbulence ahead in 2019.

© 2019 Christopher Hanges

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law@whitestonechambers.com