Who? Peter Neenan, partner at Stewarts, London.
Why is he in the news? Representing the family of the late Leicester City Football Club chairman Khun Vichai Srivaddhanaprabha in what is believed to be the largest fatal accident claim in English history. The claim seeks £2.15bn to cover lost earnings and other damages, after Khun Vichai was killed with four others in a 2018 helicopter crash at the club’s King Power stadium.
Thoughts on the case: ‘When Khun Vichai Srivaddhanaprabha was killed in the Leonardo AW169 helicopter accident on 27 October 2018, his family’s life was turned upside down. They are a close and loving family and the loss of Khun Vichai was devastating to them. It was made worse by the terrible reality that it was Khun Vichai’s own aircraft that killed him. This was a state-of-the-art machine, used by militaries, air ambulances and other first responders across the globe. He bought it new, maintained it meticulously and hired the best pilots. For it to fall out of the sky in such a catastrophic and uncontrollable manner made that loss all the more unfair and painful.
‘Five years after the accident, the Air Accidents Investigation Branch (AAIB) released their final report into the causes of the accident. For the family, it tells a story of missed opportunities in the design process, and a needless death. Most devastating of all were the missed opportunities to use the same mitigation measure that was used in a previous version of the helicopter, the AW139; this difference was simply changing the thread direction on a shaft. We believe that this difference alone would have changed the outcome of the accident.
‘This legal challenge represents an opportunity to shine a light on stagnant European aviation regulations, with changes already proposed by the AAIB that have not yet been actioned, and question the gap that exists between the minimum standards enshrined in those regulations and the expected safety-driven performance of a manufacturer.’
Leonardo S.p.A has been approached for comment.
Dealing with the media: ‘The family of Khun Vichai have lived their life with media attention. That attention is a natural consequence of Khun Vichai’s success; he was a unique and irreplaceable leader and led his company with vision, flair and skill. The family recognise that the claim is large and will attract interest, though the value is only a reflection of his leadership qualities actuarially applied against the prevailing law on valuation of losses in cases such as this. They also recognise that the legal challenge as described above will capture attention. If media interest brings public and sector attention to these issues, and with it the updating of inadequate regulations and the consequential improvement of aviation safety, then the family welcomes it.’
Update (23 January): A Leonardo spokesperson said: 'Leonardo has the deepest sympathy for those who lost their lives in the accident, all of them clearly loved by their families, friends and communities. Their deaths were an unquestionable tragedy. Leonardo is aware of the claim which has been issued by Vichai Srivaddhanaprabha’s family in the English High Court and is considering this with its legal advisers and insurers. Leonardo intends to defend this claim.
'Leonardo notes that the AAIB Final Report, released in September 2023, has not directed any Recommended Actions to Leonardo. The AAIB report concluded that Leonardo complied with all regulatory requirements in both the design and manufacture of the AW169. Leonardo meets the most modern and stringent certification and safety standards in the sector. Any further comment on the claim at this time would be premature.'
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