Herbert Smith Freehills celebrates as UK Supreme Court backs businesses in Covid-19 insurance ruling
15 January 2021
FCA wins fast-tracked appeal unlocking payments to 1,000s of businesses
Willy Barton; Shutterstock The UK Supreme Court has ruled in favour of thousands of small businesses in the Financial Conduct Authority’s business insurance test case litigation, delivering a notable victory for the regulator s advisers, Herbert Smith Freehills (HSF).
The ruling will affect insureds and insurers alike impacted by pandemic-related business interruption losses. It follows a remote, expedited trial in July 2020 before a Divisional Court consisting of Lord Justice Flaux and Mr Justice Butcher. The fast-track ‘leapfrog’ appeal hearing, from the first instance decision, heard remotely in November, was before a strong constitution of the Supreme Court, comprising its president, Lord Reed, Lord Hodge, the deputy president, and Lord Briggs, Lord Hamblen and Lord Leggatt.
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Abdelbaset al-Megrahi was the only person ever convicted over the terror attackCredit: PA Media
The disaster - Britain s largest terror attack - killed 270 people including 11 Lockerbie locals killed by falling debris.
Ex-Libyan intelligence officer Megrahi was found guilty in 2001 of mass murder and jailed for life with a minimum term of 27 years - the only person convicted of the atrocity.
He was released from jail in 2009 on compassionate grounds while terminally ill with cancer and died in Libya in three years later.
Top judges at the High Court in Edinburgh have now rejected an appeal to overturn his conviction following a hearing in November.
Small businesses, from restaurants to nightclubs and wedding planners to beauty parlours, on Friday won the right to insurance payouts after Britain's highest court ruled many policies should cover losses caused by coronavirus lockdowns.
Court judgement delayed in Covid-19 insurance case that impacts 1,000 pubs because of UK action
Reporter:
); The High Court has deferred delivering its judgment in four important test cases brought by pub owners over Insurer FBD s refusal to pay out on business disruption over the covid-19 pandemic. The delay is to allow the parties lawyers make further legal submissions to the Court arising out of a judgement in a case, where similar issues were raised, due to be given on Friday by the UK s Supreme Court. Mr Justice Denis McDonald was also due to give his judgment in the action against the FBD on Friday.