Supreme Court judgment in landmark FCA insurance case

15 January, 2021

The Supreme Court has today handed down its Judgment in the case of Financial Conduct Authority v Arch (UK) [2021] UKSC 1 on expedited appeal from [2020] EWHC 2448 (Comm).

It is the “test case” on 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.

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.

Link to Judgment can be found here.

Link to hearing can be found here.

John Lockey QC and Jeremy Brier acted for the First Defendant in both the Supreme Court and the Divisional Court, instructed by Neil Beresford of Clyde & Co.