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14 May 2020
Issue: 7886 / Categories: Legal News , Covid-19 , Commercial , Insurance / reinsurance
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NLJ this week: Perils of business interruption policies

Businesses seeking insurance payouts for losses caused by COVID-19 may come up against interesting defences on causation points, barristers say.

Writing in this week’s NLJ, Theo Barclay and Joshua Munro, both of Hailsham Chambers, outline a variety of practical issues for lawyers advising on business interruption claims. For example, a key issue will be ‘whether the proximate cause of loss is the worldwide restrictions caused by COVID-19 or the UK government’s response to it’. If the latter, the value of claims by companies with international supply chains will be reduced because they would have been disrupted in any event.

The 5 March, when the pandemic became a ‘notifiable disease’, will be a significant date for businesses who source products from China―losses occurring before then may be excluded. Lawyers should also note that ‘mitigation of loss is likely to prove one of the most hostile battlegrounds’ in coronavirus litigation.

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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