The Financial Conduct Authority (FCA) brought the expedited test case in 2020 on behalf of policyholders with eight insurers participating as defendants to seek clarity for all involved on the scope of coverage available. On 15 September 2020 the High Court handed down its judgment, finding that there could be cover, in certain circumstances, under the majority (but not all) of the non-damage BI policy sample wordings that were considered. Six insurers and the FCA appealed to the Supreme Court, having been granted leapfrog certificates. On 19 November 2020 the Supreme Court hearing concluded and the judgment will be delivered on 15 January 2021.
We have teamed up with Lexology to bring you a thought-provoking hour long webinar, where our speakers Susie Wakefield, Paul Eccles and Richard Marshall will aim to provide some immediate insight on the Supreme Court ruling and its practical impact.
The webinar will take place on Thursday, 28 January 2021 from 14:00 - 15:00; to register your place, please click the button below.
We will discuss some of the key issues considered by the Supreme Court and its decision, including:
- issues resolved by the High Court decision that were not subject to appeal;
- issues considered by the Supreme Court, including:
- the scope of the insured peril;
- proximate causation;
- the ‘indivisible cause’;
- the application of trends clauses, counterfactuals and Orient Express; and
- aggregation and other issues not decided.
If you have any questions, then please contact our events team.
We do hope you can join us and look forward to connecting with you.
The Shoosmiths events team