31st July 2020

UPDATED GUIDANCE: Coronavirus & Business Interruption Cover (FCA High Court Test Case)

By Rob Hammond
Associate Director - Technical Claims
FCA High Court

Further to previous updates on the FCA High Court Test Case in respect of Covid-19 related Business Interruption claims, we promised to keep you updated on developments.

The key dates for the test case have been as set out below, culminating in the conclusion of the eight day hearing on Thursday 30th July. Having heard the cases of the FCA (along with the Hiscox Action Group and Hospitality Insurance Group Action) and the insurers, Lord Justice Flaux and Mr Justice Butcher now retire to deliberate and consider before handing down their judgment. At the end of the hearing, Lord Justice Flaux indicated that judgment will not be available until late September at the earliest, but also made clear that he would not be bound by that as a deadline.

9 June

FCA started claim in the High Court

16 June 

Case management conference, at which the court fixed the timetable for the case and other procedural matters

23 June

Insurers filed Defences

26 June

Further case management conference, at which the court dealt with outstanding procedural matters

3 July

FCA filed Reply

10 July

FCA and Intervenors’ skeleton arguments served

14 July 

Defendants’ skeleton arguments served

20-23 July and 27-30 July 

8 day court hearing before Lord Justice Flaux and Mr Justice Butcher


Whilst the aim of the case is to provide clarity, it was clear from the sheer number of points being considered it is possible that there may still be issues relevant to individual clients that may be open to interpretation. However, once the judgment has been provided, we will provide appropriate advice to those clients that have already been contacted to confirm that their claim may be affected by the outcome of the test case.

If you have any queries, please do not hesitate to get in touch with your usual Aston Lark contact.