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Old 24th Jun 2020, 07:49
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Albert Hall
 
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I think my understanding is pretty up-to-date but I believe the problem you are citing is one around differences between insolvency laws which are not the CAA's bag.

As of today, Flybe's Operating Licence is suspended but remains live. The CAA has made proposals to rescind it, which are the subject of an appeal by the administrators. This will be considered by the Secretary of State for Transport. If Flybe was sold today by the administrators, the entity would have an Operating Licence which it could re-activate. It's the same position as LGW in Germany. You cannot hold an OL perpetually in suspension so that situation has to come to an end at some point, whether for Flybe under UK CAA jurisdiction or LGW under LBA jurisdiction.

Irish insolvency laws contain the provisions for examinership which have some important differences to administration. The management remains in control and responsible for the business during its restructuring in examinership, where in the UK, an administrator takes individual liability for the business. I have not yet seen an administrator willing to take on the personal risk of running an airline, which is why airlines tend to stop operating immediately before or upon entry to administration. A CVA is the nearest equivalent in the UK (although by no means the same as examinership in Ireland) and a UK airline was indeed able to continue to trading under a CVA for quite some time. That could happen again.

Chapter 11 is a completely different box of tricks as I think we all know.

The issues which I think you are raising are therefore not the CAA's to consider or review. If you want to see change, UK insolvency laws applicable to any business - whether it be an airline or a hair salon - are the key to this.
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