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Business Interruption Breakfast series
A three-part series discussing the Supreme Court’s landmark decision in FCA v Arch and its implications.
A SUPREME COURT SUMMARY IN FCA V ARCH | BUSINESS INTERRUPTION INSURANCE POLICIES & COVID-19 |
Part 1:
An introduction to the COVID-19 business interruption test cases. Facts & issues before the High Court & Supreme Court.
Harry Steinberg KC
Harry Steinberg is a “widely acclaimed practitioner”, “brilliantly knowledgeable”, with a “standout practice”. His practice spans serious injury, sports law and environmental damage. His work often involves an international dimension and he specialises in large-scale group actions for claimants and defendants. He is renowned for innovative thinking, challenging legal orthodoxy, and winning difficult cases. Accordingly, he is regularly instructed in test litigation. The directories recognise him as a leading silk in personal injury, industrial disease, product liability, group litigation and international litigation.
View full profilePatrick Vincent KC
Patrick is a specialist in Insurance, Personal Injury and International/Travel law. He acts for Claimants and Defendants in insurance and policy construction disputes, complex catastrophic personal injury claims, property damage claims and cross jurisdictional litigation.
View full profileJames Pickering
James is recognised as a leading practitioner in cases involving serious injuries and fatal accidents, with expertise in international and group litigation.
Chambers & Partners and The Legal 500 describe him as “an excellent barrister” who is “razor-sharp and super responsive”. He “has a brilliantly analytical yet creative legal intellect which he brings to bear in the most legally challenging of claims, with jurisdictional issues being a particular forte of his.” He is recommended as “pragmatic and meticulous, and always on hand in the most difficult of cases. His presence at your side is a reassuring one.”
James edits the leading practitioner textbooks in his main areas of practice: Occupational Illness Litigation, Asbestos: Law & Litigation, and Butterworths Personal Injury Litigation Service (Accidents Abroad).
View full profileCressida Mawdesley-Thomas
Cressida specialises in all aspects of Personal Injury law. She has a thorough and collaborative approach and is recognised by The Legal 500 as a Rising Star who “has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior”.
In disease litigation Cressida acts for Claimants suffering from mesothelioma, lung cancer, diffuse pleural thickening and asbestosis. She is also experienced in VWF/ HAVS claims. She regularly appears in the Masters’ corridor and is well versed in limitation arguments and complex issues of causation. As second junior in Mather v MOD she helped obtain a settlement of over £3 million for a former RAF painter & finisher who developed MS following exposure to organic solvents in breach of the COSHH Regulations.
Cressida has particular interest in equine claims brought under The Animals Act 1971. She is currently junior counsel in a high value, complex CRPS claim following a military riding accident. Cressida is adept at drafting schedules of loss in cases involving the loss of a military career.
In clinical negligence Cressida has experience in a range of different cases, including delayed diagnosis, as well as unnecessary and negligent surgery. This compliments her coronial practice where she is instructed in inquests involving multiple expert jurisdictions. She successfully obtained a regulation 28 prevention of future death report in a case arising out of the police’s treatment of head injuries and questioned experts in pathology, neuropathology, and toxicology.
Cressida is adept at handling complex motor insurance indemnity points. She successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, considering the meaning of the ‘stolen or unlawfully taken’ exception under s. 151 of the Road Traffic Act 1988. Greenaway was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. Unled she successfully acted for the Second Defendant in Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022). The case concerned the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).
Cressida acts and advises in costs litigation, including detailed assessment hearings, where she is an effective advocate. She co-edits 12 King’s Bench Walk’s Costs blog with Deputy Costs Judge Andrew Roy.
Prior to coming to the Bar Cressida worked at a top American investment bank. She is highly numerate and drafts living and fatal schedules of loss beyond her year of call.
View full profilePart 2:
A closer look at different clauses, “causation” and the decision in The Orient Express
Harry Steinberg KC
Harry Steinberg is a “widely acclaimed practitioner”, “brilliantly knowledgeable”, with a “standout practice”. His practice spans serious injury, sports law and environmental damage. His work often involves an international dimension and he specialises in large-scale group actions for claimants and defendants. He is renowned for innovative thinking, challenging legal orthodoxy, and winning difficult cases. Accordingly, he is regularly instructed in test litigation. The directories recognise him as a leading silk in personal injury, industrial disease, product liability, group litigation and international litigation.
View full profilePatrick Vincent KC
Patrick is a specialist in Insurance, Personal Injury and International/Travel law. He acts for Claimants and Defendants in insurance and policy construction disputes, complex catastrophic personal injury claims, property damage claims and cross jurisdictional litigation.
View full profileJames Pickering
James is recognised as a leading practitioner in cases involving serious injuries and fatal accidents, with expertise in international and group litigation.
Chambers & Partners and The Legal 500 describe him as “an excellent barrister” who is “razor-sharp and super responsive”. He “has a brilliantly analytical yet creative legal intellect which he brings to bear in the most legally challenging of claims, with jurisdictional issues being a particular forte of his.” He is recommended as “pragmatic and meticulous, and always on hand in the most difficult of cases. His presence at your side is a reassuring one.”
James edits the leading practitioner textbooks in his main areas of practice: Occupational Illness Litigation, Asbestos: Law & Litigation, and Butterworths Personal Injury Litigation Service (Accidents Abroad).
View full profileCressida Mawdesley-Thomas
Cressida specialises in all aspects of Personal Injury law. She has a thorough and collaborative approach and is recognised by The Legal 500 as a Rising Star who “has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior”.
In disease litigation Cressida acts for Claimants suffering from mesothelioma, lung cancer, diffuse pleural thickening and asbestosis. She is also experienced in VWF/ HAVS claims. She regularly appears in the Masters’ corridor and is well versed in limitation arguments and complex issues of causation. As second junior in Mather v MOD she helped obtain a settlement of over £3 million for a former RAF painter & finisher who developed MS following exposure to organic solvents in breach of the COSHH Regulations.
Cressida has particular interest in equine claims brought under The Animals Act 1971. She is currently junior counsel in a high value, complex CRPS claim following a military riding accident. Cressida is adept at drafting schedules of loss in cases involving the loss of a military career.
In clinical negligence Cressida has experience in a range of different cases, including delayed diagnosis, as well as unnecessary and negligent surgery. This compliments her coronial practice where she is instructed in inquests involving multiple expert jurisdictions. She successfully obtained a regulation 28 prevention of future death report in a case arising out of the police’s treatment of head injuries and questioned experts in pathology, neuropathology, and toxicology.
Cressida is adept at handling complex motor insurance indemnity points. She successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, considering the meaning of the ‘stolen or unlawfully taken’ exception under s. 151 of the Road Traffic Act 1988. Greenaway was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. Unled she successfully acted for the Second Defendant in Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022). The case concerned the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).
Cressida acts and advises in costs litigation, including detailed assessment hearings, where she is an effective advocate. She co-edits 12 King’s Bench Walk’s Costs blog with Deputy Costs Judge Andrew Roy.
Prior to coming to the Bar Cressida worked at a top American investment bank. She is highly numerate and drafts living and fatal schedules of loss beyond her year of call.
View full profilePart 3:
What does this mean for business interruption claims? Practical considerations.
Harry Steinberg KC
Harry Steinberg is a “widely acclaimed practitioner”, “brilliantly knowledgeable”, with a “standout practice”. His practice spans serious injury, sports law and environmental damage. His work often involves an international dimension and he specialises in large-scale group actions for claimants and defendants. He is renowned for innovative thinking, challenging legal orthodoxy, and winning difficult cases. Accordingly, he is regularly instructed in test litigation. The directories recognise him as a leading silk in personal injury, industrial disease, product liability, group litigation and international litigation.
View full profilePatrick Vincent KC
Patrick is a specialist in Insurance, Personal Injury and International/Travel law. He acts for Claimants and Defendants in insurance and policy construction disputes, complex catastrophic personal injury claims, property damage claims and cross jurisdictional litigation.
View full profileJames Pickering
James is recognised as a leading practitioner in cases involving serious injuries and fatal accidents, with expertise in international and group litigation.
Chambers & Partners and The Legal 500 describe him as “an excellent barrister” who is “razor-sharp and super responsive”. He “has a brilliantly analytical yet creative legal intellect which he brings to bear in the most legally challenging of claims, with jurisdictional issues being a particular forte of his.” He is recommended as “pragmatic and meticulous, and always on hand in the most difficult of cases. His presence at your side is a reassuring one.”
James edits the leading practitioner textbooks in his main areas of practice: Occupational Illness Litigation, Asbestos: Law & Litigation, and Butterworths Personal Injury Litigation Service (Accidents Abroad).
View full profileCressida Mawdesley-Thomas
Cressida specialises in all aspects of Personal Injury law. She has a thorough and collaborative approach and is recognised by The Legal 500 as a Rising Star who “has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior”.
In disease litigation Cressida acts for Claimants suffering from mesothelioma, lung cancer, diffuse pleural thickening and asbestosis. She is also experienced in VWF/ HAVS claims. She regularly appears in the Masters’ corridor and is well versed in limitation arguments and complex issues of causation. As second junior in Mather v MOD she helped obtain a settlement of over £3 million for a former RAF painter & finisher who developed MS following exposure to organic solvents in breach of the COSHH Regulations.
Cressida has particular interest in equine claims brought under The Animals Act 1971. She is currently junior counsel in a high value, complex CRPS claim following a military riding accident. Cressida is adept at drafting schedules of loss in cases involving the loss of a military career.
In clinical negligence Cressida has experience in a range of different cases, including delayed diagnosis, as well as unnecessary and negligent surgery. This compliments her coronial practice where she is instructed in inquests involving multiple expert jurisdictions. She successfully obtained a regulation 28 prevention of future death report in a case arising out of the police’s treatment of head injuries and questioned experts in pathology, neuropathology, and toxicology.
Cressida is adept at handling complex motor insurance indemnity points. She successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, considering the meaning of the ‘stolen or unlawfully taken’ exception under s. 151 of the Road Traffic Act 1988. Greenaway was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. Unled she successfully acted for the Second Defendant in Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022). The case concerned the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).
Cressida acts and advises in costs litigation, including detailed assessment hearings, where she is an effective advocate. She co-edits 12 King’s Bench Walk’s Costs blog with Deputy Costs Judge Andrew Roy.
Prior to coming to the Bar Cressida worked at a top American investment bank. She is highly numerate and drafts living and fatal schedules of loss beyond her year of call.
View full profile