At a hearing on 2 October 2020, the court made a number of orders following on from its judgment.

The court granted “leapfrog” appeal certificates to the FCA, to six of the insurers involved in the test case and to one of the intervening policyholder action groups. This means that these parties can now apply directly to the Supreme Court for permission to appeal (bypassing the Court of Appeal).

An insurer, QIC Europe Limited, applied to join the test case as a party so that it could participate in the appeal. The court rejected this application.

The court has made a number of declarations as to the effect of its judgment. These are not yet publicly available.

The FCA has said that it is pressing ahead with the application to appeal to the Supreme Court while continuing discussions with insurers and action groups to find a solution that avoids the need for appeal and enables pay-outs on eligible claims as quickly as possible.

Posted by Richard Hopley