Insights: Nadia Osborne

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 […]

The Fladgate Insolvency and Restructuring team have been advising clients with the understandable desire to conserve cash. If not handled correctly, your efforts to negotiate terms with suppliers and staff could in fact increase the liabilities of the business, restrict the company’s ability to oppose a winding up petition and leave you personally exposed for […]

The Aviation (Enforcement and Recovery) team has been advising clients on issues arising from the current crisis. Three main themes emerge from the current challenges in the airline sector: 1.) Airline insolvency risk.  A number of leasing companies have claims for unpaid rent and maintenance rent. These claims can be pursued by: applying security deposits […]

The use of electronic signatures in business has increased markedly in recent years in response to an increase in agile working, time and cost restraints in having face to face meetings and environmental sustainability. In 2016 the Law Society produced guidance (prepared with input from Leading Counsel) that electronic signatures are valid under English law. […]