News & Analysis as of

Business Interruption United Kingdom

J.S. Held

2024 J.S. Held Global Risk Report: Weather and Natural Disasters

J.S. Held on

The growing frequency and ferocity of major weather events and natural disasters have pushed the climate change discussion to the forefront of governments and businesses. Droughts, floods, wildfires, earthquakes, and volcanic...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

A&O Shearman

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

A&O Shearman on

In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

BCLP

Banking Bites - November 2022

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Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more

BCLP

Reinsurance: aggregation of COVID losses post-Stonegate

BCLP on

On 17 October 2022, the English Commercial Court delivered three very significant, related judgments, which in part considered aggregation of business interruption losses arising from COVID-19....more

Sullivan & Worcester

Interpreting your contract in the wake of Russian sanctions – Commercial questions to consider

Sullivan & Worcester on

Given the recent expansion of the regulatory landscape in light of the ongoing events in Russia and Ukraine, namely the imposition of extensive sanctions on Russia (and certain Russian banks and nationals), there has been a...more

Jones Day

Conflict in Ukraine: Liability for Non-Performance Under English Law

Jones Day on

The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more

Morrison & Foerster LLP

UK Litigation - A Year in Summary

Morrison & Foerster LLP on

This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

Morgan Lewis on

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

K&L Gates LLP

HUB Talks: Insurance Coverage for COVID-19 Losses in the United Kingdom

K&L Gates LLP on

In this episode, Sarah Turpin, Insurance Recovery and Counseling partner in our London office, discusses insurance coverage for COVID-19-related losses in the United Kingdom, including the UK Supreme Court’s important...more

Morgan Lewis

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

Morgan Lewis on

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

Hogan Lovells

Insurance regulatory news, July 2021 #3

Hogan Lovells on

COVID-19 BI insurance test case: FCA updates webpage The Financial Conduct Authority (FCA) has updated the webpage on its business interruption (BI) insurance test case. The FCA has published the Supreme Court order varying...more

Hogan Lovells

New Release: Insurance Horizons Brochure 2021

Hogan Lovells on

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to...more

Hogan Lovells

UK COVID-19 Arrears: Guidance for landlords and tenants on the further extension to the forfeiture moratorium

Hogan Lovells on

The moratorium on landlords evicting commercial tenants has been extended by a longer period than many had expected, to March 2022.  Landlords and tenants will also be compelled to enter into arbitration proceedings if they...more

Hogan Lovells

Insurance regulatory news, May 2021 # 2

Hogan Lovells on

Civil Liability Act 2018 (Financial Conduct Authority) (Whiplash) Regulations 2021 - The Civil Liability Act 2018 (Financial Conduct Authority) (Whiplash) Regulations 2021 (SI 2021/594) have been published, together with an...more

Hogan Lovells

Insurance regulatory news, April 2021 # 3

Hogan Lovells on

Solvency II: PRA supervisory disclosures - The UK Prudential Regulation Authority (PRA) has published Solvency II: Supervisory disclosures, PRA’s supervisory approach and insurance regulations applicable in the UK year-end...more

Hogan Lovells

UK commercial landlords and tenants: Government says your views will shape the road out of Covid-19

Hogan Lovells on

30 June 2021 will be a date no doubt circled on many calendars as being the date when landlords in England currently expect to be able to reassert some control following the end of the “temporary” measures proposed and...more

Constangy, Brooks, Smith & Prophete, LLP

New Guidance On National Interest Exceptions Will Make International Travel To U.S. More Of A Challenge

The U.S. State Department recently issued new guidance on the National Interest Exceptions for international travelers to the United States. The guidance applies to inbound travelers from Ireland, the Schengen Area, and the...more

Hogan Lovells

Insurance regulatory news, March 2021 # 5

Hogan Lovells on

Settling RTA whiplash-related injuries without a medical report - The Civil Liability (Specification of Authorised Persons) Regulations 2021 (SI 2021/326) have been published, together with an explanatory memorandum. The...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - March 2021

BCLP on

The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more

Hogan Lovells

Insurance regulatory news, March 2021 # 4

Hogan Lovells on

UK Solvency II: PRA PS2/21 on expectations for work of external auditors on matching adjustment - The UK Prudential Regulation Authority (PRA) has published a policy statement, PS2/21, setting out its expectations for the...more

Conyers

To BII or not to BII – a Cayman Islands perspective

Conyers on

On 15 January 2021, the United Kingdom Supreme Court delivered its judgment on the appeals in the Business Interruption Insurance (BII) test cases between the UK’s Financial Conduct Authority and eight UK insurance companies....more

K&L Gates LLP

COVID-19: FCA Business Interruption Test Case - Unresolved Issue and Wider Implications of Supreme Court Judgement

K&L Gates LLP on

On 15 January 2021, the Supreme Court handed down its judgment in The Financial Conduct Authority v Arch and Others. Our alert of 19 January 2021 considered the implications of the judgment for policyholders seeking to claim...more

Hogan Lovells

Insurance regulatory news, March 2021 # 2

Hogan Lovells on

COVID-19: FCA final guidance on proving presence of COVID-19 in BI insurance claims - Following consultation, the UK Financial Conduct Authority (FCA) has published final guidance on proving the presence of coronavirus...more

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