Updated 2nd November 2020

Update – UK Business Interruption Claims and the Industry Test Case

On the 15th September 2020 the UK High Court handed down it’s judgment in the business interruption claims test case. It found that some insurance policies could have cover in certain circumstances. AXIS is reviewing the judgment and its implications as quickly as possible in relation to AXIS policy wordings affected by the FCA Test Case.

2nd October 2020 - Consequential Hearing

The Court held a subsequent hearing on 2nd October to finalise proposed orders and declarations giving effect to the findings in the judgement. At this hearing the parties were also granted a leave to appeal to the Supreme Court.

The FCA indicated whilst the application to appeal to the Supreme Court progressed, they would continue discussions with the defendant insurers and action groups to find a solution and agree practical steps in quantifying and paying valid claims in light of the judgment and orders. This is intended to remove the need for appeals by all parties.

20th October 2020 - Publication of High Court Declarations and Appeal applications to Supreme Court

On 20th October the FCA published the High Court declarations from the 2nd October hearing on its website and stated it will shortly be releasing a guide to the declaration’s for policyholders. 

Policyholders should also note that the FCA and six defendants’ insurers and the Hiscox Action Group have applied to appeal the High Court Judgement and declarations.

AXIS will update this page when we become aware if the appeal will go ahead or not and what this means for impacted policyholders.

Where can you view the UK High Court Judgement?
If you would like to view the UK High Court Judgement this is available at:
https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-judgment.pdf

Where can you view the High Court Declarations?
If you would like to view the UK High Court Declarations this is available at:
https://www.fca.org.uk/publication/corporate/bi-insurance-test-case-high-court-declarations-order.pdf

Who to Contact?

If you have any questions, in the first instance, please contact the broker or the firm that arranged the insurance for you. These details should be provided on your policy documentation.