Supreme Court to hear expedited appeal in Covid-19 BI insurance “Test case”

2 November, 2020

The Supreme Court has given permission to appeal in the test case brought by the Financial Conduct Authority against Arch Insurance and others.

At first instance, a specially constituted Court (Flaux LJ and Butcher J) handed down a 580 paragraph judgment, addressing a number of construction issues and issues of principle on causation in business interruption policy extensions in light of the Covid-19 outbreak. A copy of our previous coverage of this case and the judgment can be found here.

The Supreme Court has ordered that the leapfrog appeal be expedited and listed for 4 days from 16 November 2020.

John Lockey QC and Jeremy Brier, instructed by Neil Beresford of Clyde & Co, act for the First Defendant (Arch).