FCA Test Case on Business Interruption Coverage Issues During Covid-19 Crisis

17 June, 2020

Three members of chambers are involved in the test case to determine whether Business Interruption (BI) wordings respond to coronavirus-related losses. The FCA are seeking legal clarity on the proper meaning and effect of certain BI insurance wording during the Covid-19 crisis. Proceedings were commenced last week in the Commercial Court. A Case Management Conference was held before Mr Justice Butcher on Tuesday 16th June and livestreamed to the public.

John Lockey QC and Jeremy Brier are instructed by Clyde & Co to act for the first Defendant, Arch Insurance (UK) Limited; whilst Jeffrey Gruder QC is instructed by Mishcon de Reya to act for a dental group.

The test case is expected to lead to an expedited trial in July.

Further details and next steps are available on the dedicated FCA web page