Some Key Considerations from a Carrier's Perspective 18 April 2018 Craig Rooney & Elizabeth Lambert-James

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1 Emergency Response Some Key Considerations from a Carrier's Perspective 18 April 2018 Craig Rooney & Elizabeth Lambert-James

2 A Redundant Presentation? 2017 safest year for air travel as fatalities fall BBC News: 2 January 2018 No commercial passenger jet crashes anywhere in the world during fatal accidents and 79 deaths in 2017 against 16 fatal accidents and 303 deaths in of 2017 deaths were ground fatalities in cargo aircraft crash in Kyrgyzstan Most on-board fatalities was 12 Nature Air Cessna 208, Caravan crash in Costa Rica on New Year s Eve Figures taken from Airline Safety Network Report and based on incidents involving civil aircraft certified to carry at least 14 people 1

Fatal Airliner Accidents Per Year 1946-2017 Airline Safety Network: based

3 Fatal Airliner Accidents Per Year Airline Safety Network: based on incidents involving civil aircraft certified to carry at least 14 people 2

Airliner Accident Fatalities Per Year 1946-2017 Airline Safety Network: based

4 Airliner Accident Fatalities Per Year Airline Safety Network: based on incidents involving civil aircraft certified to carry at least 14 people 3

Fatal Airliner Accidents Per 1 Million Flights 1977-2017 Airline Safety Network:

5 Fatal Airliner Accidents Per 1 Million Flights Airline Safety Network: based on incidents involving civil aircraft certified to carry at least 14 people 4

6 A Redundant Presentation? 2017 safest year for air travel as fatalities fall BBC News: 2 January 2018 No commercial passenger jet crashes anywhere in the world during fatal accidents and 79 deaths in 2017 against 16 fatal accidents and 303 deaths in of 2017 deaths were ground fatalities in cargo aircraft crash in Kyrgyzstan Most on-board fatalities was 12 Nature Air Cessna 208, Caravan crash in Costa Rica on New Years Eve High safety levels or good fortune? Figures taken from Airline Safety Network Report and based on incidents involving civil aircraft certified to carry at least 14 people 5

7 So far in 2018 Aseman Airlines ATR-72 Tehran/Yasuj, 18 February 2018 Pegasus Airlines B Trabzon, 13 January 2018 US-Bangla, Bombardier Dash 8Q400 Kathmandu, 12 March

8 How to prepare for the worst Those who do not learn from history are forced to repeat it Fear complacency Learn from mistakes (your own and those of others) Plan and prepare (George Santayana - AmericanPhilosopher) 7

9 Some Key Issues Key Players The Emergency Response Plan Social Media: The Demise of the Golden Hour Preservation of Evidence Other relevant considerations 8

10 Key Players BROKER LAWYER INSURER SURVEYOR DISASTER MANAGEMENT COMPANY 9

call centre and local information centre Go Team investigation team/engineering team/welfare support team International

11 Emergency Response Plan Prepare and practise Emergency Response Plan ( ERP ) Notification of broker who will advise insurers, lawyers and surveyors Control Centre location/co-ordination Communications internal/website/statements/media Activation of call centre and local information centre Go Team investigation team/engineering team/welfare support team International disaster management company family assistance centre/call centre Instruction of local correspondent lawyers Continuation of business 10

12 Emergency Response Plan cont. Passenger manifest Search and rescue Preservation of wreckage and documentation Support centres Funeral expenses Liaison with authorities Advance payments/receipts Hospital and medical expenses Letter of condolence Recovery/identification/repatriation 11

Communications Best practice Emergency Response Plan should

Social media team Changes to branding Register any domain

accident.com Air xxx flight xxxaccident.com Flight xxx.

13 Communications Best practice Emergency Response Plan should include: Identification of spokesperson Pre-approved generic tweets Social media team Changes to branding Register any domain names/urls that third parties may try to use such as: Air xxx accident.com Air xxx flight xxxaccident.com Flight xxx.com Ensure all employees are aware not to make unauthorised comments verbally or by social networks 12

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19 Preservation of Evidence Retention policies should form part of Emergency Response Plan Need to be robust and communicated across business Evidence in possession of third parties Accident Investigators/Authorities will come calling Could be relevant to legal claims 18

Preservation of Evidence A non-exhaustive list Weather en-route/destination actual/forecast Passenger/cargo manifest passenger coupons Certificate of Airworthiness Load/trim sheet Certificate of

20 Preservation of Evidence A non-exhaustive list Weather en-route/destination actual/forecast Passenger/cargo manifest passenger coupons Certificate of Airworthiness Load/trim sheet Certificate of Registration Details of aircraft ownership, i.e. leases/liens etc., and financing documents Airport charts and Flight Plans Crew hours total type/90/30 days/ 24 hrs Crew checks/training records Maintenance/Technical/computer records Weight and balance schedule Crew licences/medicals/ratings 19

Preservation of Evidence: Implications for Legal Proceedings Legal proceedings will place disclosure obligations upon carriers Can be onerous and invasive: Documents that are or have been in

21 Preservation of Evidence: Implications for Legal Proceedings Legal proceedings will place disclosure obligations upon carriers Can be onerous and invasive: Documents that are or have been in possession Documents you have a right to possession of Documents you have a right to inspect or take copies of Includes s, electronic data files Non-contamination/creation of evidence 20

22 Preservation of Evidence: Spoliation A specific US tort whereby a party can be penalised for failure to preserve evidence Sanctions can be dispositive (dismissal/judgment in default) if determined destruction was in bad faith In less egregious situations court may infer that had evidence not been destroyed it would have proven issue in favour of opposing party Do not assume you will not be sued in US 21

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Preservation of Evidence: Spoliation A specific US tort whereby a party can be penalised for failure to preserve evidence Sanctions can be dispositive (dismissal/judgment in default) if determined

24 Preservation of Evidence: Spoliation A specific US tort whereby a party can be penalised for failure to preserve evidence Sanctions can be dispositive (dismissal/judgment in default) if determined destruction was in bad faith In less egregious situations court may infer that had evidence not been destroyed it would have proven issue in favour of opposing party Do not assume you will not be sued in US Similar legal concepts will exist in many jurisdictions 23

25 Other relevant considerations Senior executive involvement Site clearance Memorial/monument Official investigation 24

26 Conclusions Fail to prepare; prepare to fail Keep abreast of changing times Test robustness of procedures regularly Do not make assumptions as to what might or might not be relevant evidence Utilise resources/support available to you Plan for the worst and hope/work for the best 25

27 Partners Legal professionals Total staff Offices and associated offices in 24 countries Clyde & Co LLP accepts no responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of Clyde & Co LLP. Clyde & Co LLP 2018

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(Parent Website) Information Article Note - The following lists are not exhaustive and are to be treated as typical only (e.g. they are generic; they are not country / airline specific etc.) www.aviationemergencyresponseplan.com