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Informations AF447 - Letter Nigel Taylor


A letter from Nigel Taylor to bereaved families and their personal lawyers, June, 2009
 

Air France flight AF447

Dear Sir/Madam,

Mourning the loss of loved ones should take precedence over legal issues in the days and weeks following a tragedy such as this. However, my many years of experience in such cases is such that I know the families will be faced with troublesome legal and financial questions at an early date. In this letter I would like to take this opportunity to introduce myself and offer some comments on some of the difficult questions that bereaved families will be facing.

I am a lawyer specialising in the representation of air crash victims. You will see from the attached c.v. that I have prosecuted aviation cases all around the world. In the course of the last 15 years I have recovered over a quarter of a billion dollars for aviation accident victims who I have represented. Of particular significance you may be interested to know that I played an important role in the representation of many of the 100 passengers who lost their lives in the last major Air France disaster – the July 2000 crash of a Concorde jet at Paris CDG airport. All but one of the passengers on the Concorde were German nationals. Many of the family lawyers in Germany entrusted a specialist steering committee with the lead role in conducting complex and lengthy negotiations with Air France’s lawyers. I was a key member of that committee and I devoted a year of my professional life to that task. Within that year all the claims were successfully agreed (on very favourable terms) and payment was made to the families before the first anniversary of the accident.

I have represented clients and conducted the litigation of their claims in numerous countries, working in every case alongside prominent highly qualified members of the Bar of the jurisdictions where the litigation was filed. Several of my past cases have involved successful litigation in France and I am closely connected with France’s leading aviation lawyers. One of the cases that we have prosecuted before the French Courts led to the largest single verdict that has been given to an air crash victim by a European Court.

I have intimate knowledge of how the airline insurance industry works and how to negotiate the most favorable recoveries for my clients. The London insurance market (Lloyds) and the lawyers that they appoint to defend their interests, play a key role in deciding what compensation will be paid to the victims’ families. I am well known to the insurers and lawyers who will defend your claims and am uniquely well placed to assist claimants in negotiating a favourable solution.

Every aviation disaster is caused by a unique and complex set of facts. Uncovering the truth and establishing all the causes can demand painstaking research and investigation. I consider it to be part of the lawyer’s task to learn as much as possible about the causes of the accident. You deserve to know why your loved ones lost their lives and the flying public needs to be assured that everything possible will be done to prevent a repetition of this tragedy. At this time my colleagues and I am studying all available information about the loss of flight AF447 and in the weeks ahead will be consulting closely with technical experts who we work with and who may be able to offer insight into the causes of the crash. Our confidential thoughts and findings will be communicated only to those who retain our services and through personal and private communications. What can be said with some confidence at this early stage is that adverse weather was a factor in the aircraft’s loss. Detailed meteorological analysis has proven that the flight passed through significant thunderstorm activity. However, I believe that further analysis will show that the weather was nothing exceptional for these latitudes and in all probability many aircraft have passed through similar conditions without incident. The absence of a radio report suggests that severe turbulence was encountered. This could have combined with other mechanical and human issues in such a way as to lead to a rapid and catastrophic loss. We will learn more if and when the ‘black boxes’ are recovered from the ocean.

Although there is a possibility that the airline will seek to deny liability on the basis that this disaster was caused entirely by adverse weather (an ‘Act of God’) I am confident that we will be able to prove the airline’s legal liability. This notwithstanding, there will be battles over the amounts of compensation that should be paid. In prosecuting claims on behalf of my clients I will work with a group of lawyers and experts that can provide excellent backgrounds in international aviation law, aviation technology and fatal accident claims to complement my own skills and understanding of how to best prosecute your claim. All the lawyers I work with are highly experienced in the representation of the victims of international disasters and our lawyers with whom I have collaborated for many years.

If you choose to work with us, you will not walk alone. We will fight for you and in addition to seeking maximum money compensation will seek both justice and accountability.

As more information becomes available there may be investigation into the possible responsibility of other parties for the accident, such as the designers/manufacturers of component parts and the flight control systems. Flight crew experience and training may also become a focus of attention. Ultimately, we expect that the question will not be whether the families will be compensated for their losses, but rather who will be held accountable and how much should be paid. My colleagues and I intend to focus very hard on those questions. We are committed to identifying all liable parties and ensuring that you obtain the highest compensation under applicable law.

In the coming days and weeks you will certainly be approached on behalf of the airline, possibly by their appointed lawyers or their insurers. They will seek information about your personal circumstances and will then use that information to make an offer of compensation. My advice to you is that you not respond to any such enquiries other than to say that you require all communications to be through your appointed lawyers. In this way you will avoid any inadvertent disclosure of information that may be unhelpful to your claim..

You are likely to be approached by lawyers, possibly from many different countries, who will encourage you to appoint them. Before employing any lawyer you need to be satisfied that they are reputable and have extensive experience in the successful prosecution of claims arising from international aviation accidents. There are very few such lawyers in the world, though there are many lawyers who would be very happy to be appointed by you, so I urge you to be cautious and to make a wise choice.

I am confident that the team I will work with will provide excellent and efficient representation to all those who appoint us. We are dedicated to representing you with professionalism and integrity and we have the experience to ensure that you obtain fair compensation. I thank you for reading this open latter and for allowing me to introduce myself and to shed some light on the issues and the questions you are facing. If you have any questions please feel free to email me at nigeltaylor@aol.com and I will respond to you within a few hours. Alternatively you may correspond in French or German with my professional colleague

Dr Ulrich von Jeinsen at
GÖMANN Lawyers
Landschaftstr. 6
D-30159 Hannover
www.goehmann.de
ulrich.von.jeinsen@goehmann.de
Tel: +49 511 3027734

There is no charge for answering your questions and reviewing your legal rights. If we decide that we can represent you we will discuss with you the terms of representation and provide a written contract for your approval.

I do understand that the decision to retain a lawyer to pursue justice for you and your loved ones is a very important one and I encourage you to ask questions and insist on receiving satisfactory answers before you make your decision.

In closing, please accept my deepest personal sympathy for your loss.

Yours sincerely,

Nigel Taylor


Nigel Taylor - Profile

Legal Consultant specialising in the representation of claimants with claims arising from international aviation disasters.

Professional Qualifications:
Solicitor of the Supreme Court England & Wales 1976
Solicitor Hong Kong 1980
Solicitor and Barrister Australia ( Victoria ) 1983

Experience:
Thirty five years with well known English and US law firms specialising in international litigation, including fifteen years as a Partner in the international firm of Sinclair Roche & Temperley and three years as Of Counsel to the US firm of Lieff Cabraser/Lieff Global, one of the largest law firms in the world that represent only plaintiffs in class and group actions and in individual lawsuits in cases of serious personal injury or death.

Aircrash multiple fatality cases handled include :
Lauda Air Boeing 767 crash in Thailand
Pakistan International Airways Airbus A-300 crash in Nepal
Thai International Airbus A-310 crash at Kathmandu
Aeroflot Russian Airlines Airbus A-310 crash in Siberia
China Southern Airlines Boeing 737-300 crash at Shezhen, China
Royal Air Force Chinook helicopter crash in Scotland
British Army Westland Lynx helicopter crash in Germany
Air France Boeing 707 crash near Bogota, Columbia
Thai International Airbus A-310 at Surat Thani, Thailand
Air France Concorde at Paris
Gulf Airways Airbus A-320 at Bahrain
Helios Air Boeing 737 Greece
Comair/Delta Bombardier CRJ-100 at Lexington, Kentucky
Gol Airlines Boeing 737-800 Brazilian Amazon jungle
One-Two-Go Airlines McDonnell Douglas MD-82 at Phuket, Thailand

Professional Organisations:
American Association for Justice
Association of Personal Injury Lawyers
Law Society of England & Wales

Academic:
Mr Taylor has spoken at numerous seminars on aviation law topics, has contributed articles to various publications concerning the unfairness of the Warsaw Convention and other laws that disadvantage aircrash victims, has appeared on British television and has played a prominent role in campaigns to improve the rights of the victims of aircrashes. He has also been a visiting lecturer at the University of Southampton where he lectured for many years on the subject of fatality claims arising from international disasters.

Contact details:
Telephone: +44 207 993 6786
e-mail: nigeltaylor@aol.com


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