Covid-19 Business Interruption claims - the battle rumbles on

The insurers' and interveners' appeals of the High Court ruling in the FCA Test Case are being battled out in the Supreme Court this week. Inevitably this means that many claims remain on hold for the time being.  

The matters for the Supreme Court to decide concern not only matters of construction in respect of the policies, but also a challenge by the FCA for the court to revisit the 2010 ruling in the Orient Express case.

The outcome will be particularly interesting because two of the five justices hearing the appeals in the Supreme Court had roles in that case - but we are likely to have to wait a few more weeks to find out what they decide now.