Heather Wilmot
Director
Whilst Heather Wilmot’s practice ranges from medical negligence to contractual claims, her speciality lies in the realm of aviation in which she has vast experience in every aspect of an air service operation. She received training from Pierre Naude, and continues to work together with him as a team.
On the commercial aviation front, Heather assists operators and aircraft financiers alike in understanding their risk exposure. Her sound appreciation of insurance principles has assisted many in the placement and ongoing management of insurance programmes and other risk diversion measures. She has experience in settling commercial aircraft agreements, including operating and finance leases, purchase agreements, and conditions of carriage. Recently Heather has become involved in the enforcement of commercial aviation agreements both in terms of the common law, and in terms of various international conventions (including the Convention on International Interests in Mobile Equipment, and the Protocol thereto, 2001 (the Cape Town Convention) and the International Recognition of Rights in Aircraft, 1948 (the Geneva Convention).
Heather’s aviation practice began in the insurance claims field, and she continues to advise insurers, potential defendants (owners, operators etc, and their liability insurers) and at times, claimants, in all types of liability claims, including personal injury and material damage, and claims for indemnity under insurance policies. Heather has vast experience in the interpretation and drafting of aviation insurance policies, policy response and liability claims (hull, cargo, passengers and third party). Increasingly, she is involved in matters beyond the borders of South Africa and has substantial knowledge of international conventions regulating cross-border flights (including the Convention for the Unification of Certain Rules for International Carriage by Air, 1929 (the Warsaw Convention), the Guadalajara Convention, 1961 and the Convention for the Unification of Certain Rules for International Carriage by Air, 1999 (the Montreal Convention).
Heather has a sound knowledge of the aviation legislative framework and has assisted clients on the air transportation regulatory front in obtaining licenses (or exemptions) and permits. In this regard, Heather acts on behalf of a number of local and international airlines, and assisted numerous global operators in obtaining the necessary air service licenses and permits to operate to and in South Africa during the Soccer World Cup in 2010. Heather has also provided advice to a number of airfields in South Africa on compliance with local regulatory legislation.
On the more general side, Heather is involved in personal injury and medical negligence claims. She has assisted practitioners in complaints lodged with and enquires before the Health Professions Council of South Africa. Heather’s appreciation of contractual principles gives her a good grounding in disputes based in contract.
Heather has vast experience in many alternative dispute resolution forums to which litigious matters are increasingly being referred. She has been involved in large arbitrations and mediations (mostly aviation and insurance related). Moreover, she is currently involved in litigation in the USA (Florida, Virginia and California), Paris, and a number of African countries.
Heather holds an LLB degree cum laude from the University of the Witwatersrand, and is a member of the Law Society of the Northern Provinces. She believes strongly in the ongoing education of her clients, and puts this into practice through workshops and seminars. She is a Lawyer in the General and Insurance Litigation Division within the practice’s Dispute Resolution Department.
Heather was selected as a leading aviation lawyer by The International Who’s Who of Aviation Lawyers 2012.