Context
The FCA has issued updates in respect of the ongoing Supreme Court appeal in the Business Interruption Test Case.
Key points to note
16th November Update – Timetable for the Supreme Court Appeal
- The Supreme Court hearing started on 16th November and concluded 19th November 2020.
- The Supreme Court has issued a document which summarises the issues, facts, procedural chronology and counsel for the appeal, you can view this here: https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-supreme-court-hand-out.pdf
18th November Update – Re-watching the appeal hearing and Draft transcripts
- Videos of the appeal hearing are being uploaded to the Supreme Court website.
- To find these, click here: https://www.supremecourt.uk/cases/uksc-2020-0177.html and go to the ‘Watch hearing’ section at the bottom of the page
- The FCA has published the draft transcript of day 1 of the Supreme Court appeal hearing here: https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-draft-transcript-day-1-appeal.pdf
- Final transcripts will be published when available
19th November Update – Timing of judgement from the Supreme Court
- The Supreme Court appeal hearing has now ended.
- Lord Reed recognised the importance of an early judgment for the businesses affected. He said that the Justices would do what they could to provide judgment as quickly as possible but could not comment on whether that would be before Christmas or in January.
- The Court intends to keep the parties informed, and the FCA will update as soon as possible.
- The FCA has published the draft transcript of day 2 of the Supreme Court appeal hearing here: https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-draft-transcript-day-2-appeal.pdf
- Final transcripts will be published when available