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UKGlobal Group – FCA Business Interruption Test Case Update

Mon, September 28, 2020

After eight days of deliberations, arguments and counterfactuals the High Court judgment was released at 10:30am on Tuesday 15th September 2020. The 162 page judgment can be found by clicking on the following link:  https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-judgment.pdf

Whilst it has been widely reported that the balance of the Judgment favours the policyholder, we must stress that each policy will need to be carefully considered in conjunction with results of the Judgment. Not all policyholders will be satisfied with the outcome of the Test Case. 

The FCA and the other parties involved in the Test Case now have the opportunity to apply to the Court for permission to appeal some or all of the Judgment. The parties may also ask that any appeal proceed directly to the Supreme Court, rather than to the Court of Appeal first, in order to expedite the appeal process. We will know more about the appeal process following a further Court hearing in October 2020.

In the meantime, if anyone reading this would like advice about how the Judgment has impacted upon your policy wording, please do not hesitate to contact your Account Director or call 0333 230 9280.