On 2 November, the UK Supreme Court agreed to hear the appeals against the judgment of Lord Justice Flaux and Mr. Justice Butcher (sitting as a Divisional Court), handed down on 15 September in the Financial Conduct Authority’s COVID-19 business interruption insurance test case. The appeal will commence on 16 November and is scheduled to last four days.
The appeal concerns numerous issues of construction of the representative wordings. The Supreme Court will also consider whether the Divisional Court was correct in its analysis of Orient Express Hotels v Assicurazioni Generali.
The Supreme Court has announced a panel of judges that includes Lord Leggatt, who was one of the arbitrators in the Orient Express case (Mr. George Leggatt QC as he then was), and Lord Hamblen, the Commercial Court Judge (Mr. Justice Hamblen as he then was) who heard the appeal from the arbitration award.