On 15 January 2021, the Supreme Court handed down its judgment in the FCA COVID-19 test case, heard on a “leapfrog” appeal (bypassing the Court of Appeal) from the first instance decision of Lord Justice Flaux and Mr Justice...more
On 11 December, the Financial Conduct Authority published draft guidance on how the presence of COVID-19 can be proved where that is a necessary element of establishing a business interruption claim on a property damage...more
Over the last few years, a number of factors, including the introduction of a new UK regulator, the Office for Product Safety and Standards, and an increased international focus on enforcing product safety regulatory regimes,...more
On 2 November, the UK Supreme Court agreed to hear the appeals against the judgment [LINK] of Lord Justice Flaux and Mr. Justice Butcher (sitting as a Divisional Court), handed down on 15 September in the Financial Conduct...more
At a hearing on 2 October 2020, the court made a number of orders following on from its judgment.
The court granted “leapfrog” appeal certificates to the FCA, to six of the insurers involved in the test case and to one of...more
Following the judgment, handed down on 15 September, it has been confirmed that there will be a hearing on 2 October at which the court will hear any applications for permission to appeal....more
On 15 September the High Court handed down its judgment in the Financial Conduct Authority’s COVID-19 business interruption insurance test case. While there are mixed results in relation to a large number of questions, the...more
On 26 June, there was a further case management conference (CMC) in the FCA’s COVID-19 BI insurance test case. The CMC was before Lord Justice Flaux and Mr Justice Butcher. These two judges will sit together to hear the...more
A case management conference (CMC) before Mr Justice Butcher was held on 16 June to deal with a number of procedural matters in relation to the future conduct of the Financial Conduct Authority’s COVID-19 business...more
The FCA has provided an update on progress regarding its proposed court action to resolve uncertainties about business interruption (BI) policies.
The update provides an initial list of the representative sample of policy...more
On 15 May 2020, the FCA issued a statement setting out how it is engaging with policyholders and insurance intermediaries on business interruption (BI) insurance. The FCA said a large number of BI claims are being made and...more
On 1 May 2020, the Financial Conduct Authority, the UK’s conduct regulator for general insurers, published a statement announcing that it intends to take a representative sample of cases to Court as soon as possible to...more
The Lord Chief Justice has announced that English courts are planning to continue with court hearings. He noted that "we must make every effort to maintain a functioning court system in support of the administration of...more
With the COVID-19 pandemic causing major disruption globally, the incidence of commercial parties seeking to avoid liability for failure to perform by reliance on force majeure (FM) clauses is set to increase. While FM...more
The special features of mesothelioma (its “indivisible” nature and its long latency) have thrown up many complex legal questions resulting in the creation of special mesothelioma jurisprudence and legislation governing the...more
In Bussey v Anglia Heating ([2018] EWCA Civ.243, 22 February 2018), the Court of Appeal looked at asbestos exposure levels sufficient to found liability for causing mesothelioma. Mr Bussey had developed mesothelioma as a...more
English law has developed a body of principles to address the particular problems posed by mesothelioma. This special area of law is known as the “Fairchild enclave”, a reference to the House of Lords decision in 2002. The...more
As your company grows, you should start thinking about insurance as a way in which to protect your business.
Types of Insurance -
Buying insurance is an up-front cost. Whether it is worth it is a balancing exercise,...more
The Insurance Act 2015 will come into force on 12 August 2016. It will apply to all English law contracts of insurance and reinsurance (or variations to current contracts) underwritten on or after that date. Contracts of...more