header-logo header-logo

14 May 2020
Issue: 7886 / Categories: Legal News , Covid-19 , Commercial , Insurance / reinsurance
printer mail-detail

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.

RELATED ARTICLES

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll