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UK Law Commission Publishes Final Recommendations for Arbitration Act 1996 Reform

The UK Law Commission’s review of the Arbitration Act 1996 has concluded with the publication of its final recommendations. The final recommendations present a welcome set of practical changes that fine-tune legislation that...more

UK Law Commission Publishes Consultation Paper for Review of Arbitration Act 1996

The UK Law Commission is currently undertaking a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland, to ensure it is as “clear, modern, and efficient...more

Directors’ Duties to Consider Supply Chains

Directors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains....more

UK Law Commission to Review Arbitration Act 1996

The UK Law Commission has announced that it will carry out a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland. The Law Commission has stated that its...more

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

COVID-19: Policyholders’ Claims Against Insurers Get Boost After FCA Test Case

The UK Supreme Court issued a policyholder-friendly decision earlier this year on the Financial Conduct Authority’s business interruption test case. The judgment will apply to policyholders’ claims on a case-by-case basis....more

UK Government Proposes Amendments to Arrangements for Insolvent Insurers

On 20 May 2021, the UK government published a consultation paper in which it set out its proposals to revise the current regime for insolvent insurers (excluding Lloyd’s underwriters). The proposals seek to clarify and...more

Orient-Express Overturned: Next Stop Is Less Friendly for UK Insurers

The UK Supreme Court in the Financial Conduct Authority’s business interruption test case has overturned a decade-long standing judgment relating to causation and how the “trends” clauses should be interpreted....more

UK Supreme Court Provides Policyholders an Antidote to Business Interruption Losses

This LawFlash provides a summary of the UK Supreme Court’s final decision in the FCA Business Interruption test case. The judgment is more policyholder friendly than the High Court judgment, particularly in relation to...more

Judgment in the FCA’s Business Interruption Test Case – What Evidence Proves the Presence or Occurrence of COVID-19?

This LawFlash provides a summary of the judgment of Lord Justice Flaux and Mr. Justice Butcher as it relates to the determination of the prevalence of coronavirus (COVID-19) under a particular policy. The court was somewhat...more

Judgment in the FCA’s Business Interruption Test Case – What Is the ‘Insured Peril?’

The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been...more

UK Corporate Insolvency and Governance Act 2020: Protection for Cape Town-Registered Interests

The Corporate Insolvency and Governance (CIG) Act 2020, which was enacted on 25 June 2020, introduces a number of permanent changes to the insolvency and restructuring framework in the United Kingdom, some of which have...more

UK Corporate Insolvency and Governance Bill: Impact on the Aviation Sector

The UK Corporate Insolvency and Governance Bill, currently progressing through UK Parliament, will have an impact on various stakeholders in the aviation industry once enacted, due to its moratorium, supply contract, and...more

UK FCA: Eight Insurers Agree to Be Parties to Business Interruption Insurance Test Case

Through the High Court test case, the UK Financial Conduct authority hopes to obtain legal clarity on business interruption insurance during the coronavirus (COVID-19) pandemic. ...more

FCA to Pursue High Court Test Case on Business Interruption Insurance Policies to Provide Clarity During Pandemic

The UK Financial Conduct Authority (FCA) on May 15 invited policyholders of business interruption (BI) insurance that have been affected by the coronavirus (COVID-19) pandemic, and have had a claim under their insurance...more

Business Interruption Insurance Amid COVID-19: How Aggregation Can Affect Recovery Value

During the coronavirus (COVID-19) pandemic, it is important for policyholders to remember that key insurance principles, including the principle of aggregation in the United Kingdom, could make a significant difference to any...more

Brexit and Judicial Cooperation – All Is Not Lost…Yet

The smooth functioning of international civil legal proceedings across European Union (EU) national frontiers has been one of the benefits of EU membership. With the United Kingdom (UK) now departing from the EU, are...more

Brexit: Implications for Commercial Contracts and Investments in the UK

The commercial and legal landscape in the United Kingdom is likely to experience considerable change as a result of Brexit. Its potential impacts have been widely discussed in recent months and years, and will include those...more

Third Parties (Rights Against Insurers) Act 2010 Comes Into Effect Soon

After years of delay, on 1 August 2016, the Third Parties (Rights against Insurers) Act 2010 will be brought into force in the United Kingdom, making it easier for a party with a claim against an insolvent business to bring...more

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