Judgement on FCA’s Business Interruption Court Case

We want to update you on some industry progress that you may have read in the press regarding business interruption claim payments.

On 15 September 2020 the High Court published its judgement on the application of business interruption cover under commercial policy wordings in respect of 17 representative policies put forward by the Financial Conduct Authority (FCA) in order to obtain clarity for businesses seeking to claim as a result of COVID-19 losses.

You can read the FCA’s release and the full judgement here.

Though the judgement is detailed it leaves room for the possibility of appeals so we intend to study the judgement in detail over the coming days.

Where we believe a client’s ability to successfully claim may have been improved by this judgement we will make contact to discuss next steps as soon as possible.

With a view to managing expectations, I would like to highlight that only those clients with cover in place for Loss of Revenue/Profit, and of those only the policies containing specific extension wordings, will find any potential benefit from the judgement.

Chris Stillman
Managing Director