In an arbitration award made on 31 January 2024 (agreed by the parties to be public), Sir Richard Aikens ruled in favour of 300+ hairdressing salon owners on wording which referred to “an emergency likely to endanger life or property.”
Sir Richard disagreed with the assumption of the Divisional Court in the FCA test case that there was no coverage unless the “emergency” was present in the vicinity.
Sir Richard also ruled on the extent of the “vicinity” in respect of 13 specimen locations.
Jeffrey Gruder KC acted for the Claimants along with Peter Ratcliffe of 3VB and were instructed by RLK Solicitors of Birmingham and Hugh James of Cardiff.
A copy of the public award is available here.