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FCA issues update on business interruption test case

Link(s): https://www.fca.org.uk/firms/business-interruption-insurance#latest-updates

Context

The FCA has issued an update to include a link to enable live-streaming of the appeal hearing; it has also published the written cases for the appeals in the Supreme Court.

Key points to note

  • The Supreme Court will live-stream the appeal, which is due to take place on 16th – 19th November.
  • The Court will sit as follows:
    • Monday 16th November: 11am-4pm
    • Tuesday 17th – Thursday 19th November: 10.30am-4pm
  • To view the live-stream, click on the following link: https://www.supremecourt.uk/live/, specialist software is not required.
  • The live stream must NOT be recorded
  • The written cases for the appeals in the Supreme Court have been published for the FCA, Arch Insurance (UK) Ltd, Argenta Syndicate Management Ltd, MS Amlin Underwriting Ltd, Hiscox Insurance Company Ltd, QBE UK Ltd, Royal & Sun Alliance Insurance Plc and Hiscox Action Group.
  • The written cases to respond to those appeals have also been published for the FCA, Arch Insurance (UK) Ltd, Argenta Syndicate Management Ltd, MS Amlin Underwriting Ltd, Hiscox Insurance Company Ltd, QBE UK Ltd, Royal & Sun Alliance Insurance Plc, Zurich Insurance Plc and Hiscox Action Group.
  • The FCA has also published:  
    • The order of the Supreme Court granting permission to appeal.
    • The agreed Statement of Facts and Issues, which sets out the history of Covid-19 and the Government response, the background to the proceedings and the issues being appealed.
    • The directions agreed between the parties to the appeal regarding steps leading up to the appeal hearing and other procedural matters.