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 June FCA started claim in the High Court
16 June Case management conference, at which the court fixed the timetable for the case and other procedural matters
23 June Insurers filed Defences
26 June Further case management conference, at which the court dealt with outstanding procedural matters
3 July FCA filed Reply
10 July FCA and Intervenors’ skeleton arguments served
14 July Defendants’ skeleton arguments served
20-23 July & 27-30 July 8 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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