10 in 10: Episode 8: The FCA test-case

9 February, 2021

Episode 8 of the Essex Court Chambers ’10 in 10′ podcast is now here.

The episode had previously been postponed after the the first instance judgment of the case was subject to an expedited appeal to the Supreme Court.

The case, which led to an expedited trial in July 2020, concerns Business Interruption insurance policies and whether they provide coverage for losses caused by reason of the Covid-19 pandemic and public health measures taken by UK authorities in response to the pandemic from March 2020.

A specially constituted Commercial Court handed down judgment in September 2020, and after giving permission to appeal to all parties, the Supreme Court handed down its Judgment in January 2021.

The substantial Judgment running to 112 pages (with a leading Judgment given by Lord Hamblen and Lord Leggatt) addresses a number of issues in relation to 14 types of policy issued by 6 insurers which were said to be representative of the wider market.

In this episode Stephen Houseman QC is joined by James Collins QC and Jeremy Brier to discuss both the first instance and the Supreme Court appeal Judgment. Jeremy Brier acted for the First Defendant in both the Supreme Court and the Divisional Court.

The music used in this podcast is “Upbeat Party” by scottholmesmusic.com