The Supreme Court has now delivered the highly anticipated final judgment clarifying insurer’s liabilities under business interruption policies in relation to Covid 19 losses. The Supreme Court upheld the earlier High Court ruling which provided good news for policyholders. The proceedings were instigated by the Financial Conduct Authority (“FCA”) under the Financial Markets Test Case […]
The High Court has delivered its first test case judgment providing some certainty on the scope of insurance cover for businesses being hit by Covid 19. Subject to any revision on appeal, this judgment is the authority to define the meaning of “occurrence” of a contagious disease such as the Covid 19 virus. The court […]
The FCA has now completed the first stage of providing clarity regarding the cover available to businesses affected by Covid-19. The FCA’s assessment following a review of the standard types of policies confirms our view that cover will in the majority of insurance products be limited to events of physical damage to the business premises […]
The Financial Conduct Authority (FCA) has requested several insurers to clarify their position on COVID-19 related business claims before seeking guidance from the courts by way of declaratory judgment. The FCA aims to create authoritative case law in anticipation of a flood of disputes over policy wording and COVID -19 cover. This step will indeed […]
There has been a great deal in the press recently about insurers rejecting coronavirus claims and disappointed policy-holders. Some of those speaking publicly on behalf of the insurance industry have not done much to dispel the confusion and get to the nub of the issue. The issue is not one of what the insurer “intended” […]
What is BI Insurance? BI Insurance covers losses which result from closure of business. BI Insurance is usually part of a commercial combined policy. What does BI Insurance cover? If cover exists: loss of income; fixed costs such as: payroll, operating expenses and business loan repayments; and costs of temporary relocation. What circumstances give rise […]
Good cybersecurity management is important to minimising risks and maintaining business continuity in current climate. With remote / home working the current norm, organisations have to keep systems and data secure to minimise the risk of becoming victim of a cyberattack. Prevention is best when it comes to protecting your data and here are some […]
In only a few hours 47 years of the United Kingdom’s membership in the European Union and in its predecessor, the European Economic Community, will come to an end. Over the next 11 months it will, hopefully, become clearer what shape the future relationship between the UK and the remaining member states will take. What […]
The national law, which governs a commercial contract and will be applied in the event that parties end up in a dispute over their obligations, is currently determined under the rules of the Regulation (EC) No 593/2008. Known as the Rome I Regulation, its rules stipulate that the courts of all EU member states will […]
Litigation partner Alexander Wildschütz discusses one of his recent cases highlighting the impact of invisible third party rights on creditors’ interests. Our client, a German bank, had obtained a judgment in the German courts against a former customer for the payment of €1.3m owed under various loan agreements. We quickly established that the debtor was […]
Die Zahlungsunfähigkeit der Carillion Gruppe, eines der größten britischen Bau- und Serviceunternehmen im Januar 2018, illustriert die Notwendigkeit, sich frühzeitig mit den vertraglichen Regeln für den Fall einer Insolvenz des Vertragspartners vertraut zu machen. Oftmals geht es nicht nur um Fragen eines Zahlungsausfalls. Sowie eine drohende Insolvenz bekannt wird, sollten die Verträge mit dem relevanten […]
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