FCA Business Interruption Case – Update

Tue Jul 7 2020

Dear Member,

In relation to the FCA Business Interruption test case, below is an outline of the steps taken, timetable and latest updates relating to this.

Following court orders on 16 and 26 June, it is expected that the test case will proceed on the following timetable:

9 JuneFCA started claim in the High Court
16 JuneCase management conference, at which the court fixed the timetable for the case and other procedural matters
23 JuneInsurers filed Defences
26 JuneFurther case management conference, at which the court dealt with outstanding procedural matters
3 JulyFCA filed Reply
10 JulyFCA and Intervenors’ skeleton arguments served
14 JulyDefendants’ skeleton arguments served
20-23 July & 27-30 July8 day court hearing before Lord Justice Flaux and Mr Justice Butcher

Updates:

  • https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-assumed-facts-9-june.pdf
  • https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-representative-sample-of-policy-wordings-9-june.pdf
  • https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-amended-particulars-of-claim.pdf
  • https://www.fca.org.uk/firms/business-interruption-insurance#defences
  • https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-fca-defences-reply.pdf

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