Home Marine InsuranceHealth and Safety HFW Briefing – Wider consequences of the Supreme Court judgment in the FCA test case

HFW Briefing – Wider consequences of the Supreme Court judgment in the FCA test case

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HFW Briefing – Wider consequences of the Supreme Court judgment in the FCA test case

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On 15 January, the English Supreme Court handed down its final judgment in the COVID-19 Business Interruption test case commenced by the FCA. It is clear that the Supreme Court’s judgment will have wider ramifications for English insurance law (beyond COVID-19 business interruption claims), particularly with regard to causation and quantum. 

However, in brief summary, the Supreme Court ruled on the key categories of “non-damage” Business Interruption extension clauses in dispute as follows.

  • Disease Clauses respond to business interruption losses resulting from cases of disease which occur within a specified local radius. Each individual case of COVID-19 amounts to an effective proximate cause of the Government’s restrictions, the result being that disease clauses respond to a broader range of losses caused by the pandemic(including losses consequential upon national restrictions).  » Read more

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 Jonathan Bruce
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 Alex Walley
Emali

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