Originally Posted by
gabbsthenewt
I am inclined to believe you on account of you being Feedback and your obvious knowledge and experience in the field.
However given that Henderson was the organiser of the flights, the flights were in his name as pilot, and he was the one leasing it, and him demonstrated to be knowingly aware of DI's lack of qualifications - I find it hard to accept that Henderson wouldn't be vicariously liable.
I appreciate it may be the case, but these portions of relevant law pulled from reading around would give credence to that it Henderson does have blame laying firmly on him albeit him not being the pilot who ended up in the cockpit (even though he was the one down on the paperwork! (so for all intents and purposes I would argue was the pilot! - tenuous I appreciate - pilots may routinely have to change to any number of circs I would imagine)
Section 76 of the Civil Aviation Act 1982 - If the aircraft is leased-out for a period of more than 14 days and the pilot is not an employee of the owner the liability is transferred to the individual/party to which the aircraft is demised (lessee by way of agreement).
Operators may be found guilty of corporate manslaughter or homicide pursuant to the Corporate Manslaughter and Corporate Homicide Act 2007 where: (i) the way in which the carrier’s activities had been managed or organised caused a person’s death; (ii) the person’s death was the result of a gross breach of a relevant duty of care owed to that person by the carrier; and (iii) the way in which the senior management of the carrier managed or organised the carrier’s activities was a substantial element of the breach.