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21 June 2023
Issue: 8030 / Categories: Legal News , Covid-19 , Insurance / reinsurance
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COVID-struck businesses win insurance victory

Businesses that suffered losses during the pandemic have won a landmark COVID-19 business interruption test case against insurers.

In a 363-page ground-breaking judgment, London International Exhibition Centre v Royal & Sun Alliance Insurance and others [2023] EWHC 1481 (Comm), Mr Justice Jacobs provided clarity on the triggering of policies during the pandemic.

Iryna O’Reilly, partner at Barings, representing six claimants in the case, said: ‘This remarkable triumph, being the second test-case following the Financial Conduct Authority test case in the Supreme Court [FCA v Arch [2021] UKSC 1], sets a precedent that will impact thousands of policyholders and small and medium-sized enterprise owners.

‘Small businesses encounter numerous challenges when pursuing claims against insurers due to the devastating impact of COVID-19. These businesses have either closed down or faced stringent government restrictions, preventing them from fully recovering from the pandemic.’

The insurers argued the Supreme Court’s ruling applied only to radius clauses, which cover events within a specified radius external to the premises, and therefore did not apply to ‘at the premises’ (ATP) clauses, which cover matters arising at the premises themselves.

Finding in favour of the claimants, however, Jacobs J said: ‘Given that the radius can be shrunk from 25 miles, to one mile, to “the vicinity”, without making any difference to the causation analysis, there is no reason why it cannot be further shrunk from the vicinity of the premises to the premises itself.’

Hugh James senior associate Erich Kurtz, representing claimant Why Not Bar, said: ‘The decision emphatically resolves one of the most contentious issues between businesses and their insurers in this field—whether cover exists in principle when the UK government imposed national lockdown where businesses can show COVID-19 occurred or manifested “at their premises”.’

Issue: 8030 / Categories: Legal News , Covid-19 , Insurance / reinsurance
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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