The Lawyer’s Top 10 Appeals of 2025 has been unveiled and three members of Essex Court have been featured in one appeal.
Bath Racecourse Company & Others v Liberty Mutual Insurance Europe SE, Allianz Insurance plc and Aviva Insurance Ltd has been listed in the Court of Appeal over four days in late January 2025. This case involves two appeals relating to the enforcement of business insurance policies in the wake of the Covid-19 pandemic.
The first appeal, brought by the insurers, is in response to the Commercial Court’s January 2024 ruling that policyholders were entitled to a maximum amount of £1m for each premises owned by them.
The second appeal, brought by the insureds, is in respect of the finding that insurers were permitted to deduct furlough sums that policyholders had received from the UK Government from any indemnity paid by the insurer. The overall furlough scheme rolled out amid the Covid-19 pandemic is understood to have cost the Government £70bn.
For the appellants/respondents, Liberty Mutual Insurance Europe, Allianz Insurance, Aviva Insurance:
Essex Court’s David Scorey KC and David Walsh.
For the appellants/respondents Gatwick Investment and Starboard Hotel Limited:
Essex Court’s Jeffrey Gruder KC.
A full list of the featured cases can be viewed here (via The Lawyer website – subscription needed).
