All posts by Richard Hopley

FCA BI insurance test case: case management conference on 26 June highlights the difficulties in determining the issues and raises the prospect of a second trial

On 26 June, there was a further case management conference (CMC) in the FCA’s COVID-19 BI insurance test case. The CMC was before Lord Justice Flaux and Mr Justice Butcher. These two judges will sit together to hear the trial. The court dealt with a number of issues regarding the […]

FCA BI Insurance Test Cases: Case Management Conference Highlights the Challenges Facing the Court and the Parties

A case management conference (CMC) before Mr Justice Butcher was held on 16 June to deal with a number of procedural matters in relation to the future conduct of the Financial Conduct Authority’s COVID-19 business interruption insurance test case.

FCA Update on Business Interruption Insurance Test Case

The Financial Conduct Authority has provided an update on progress regarding its proposed court action to resolve uncertainties about business interruption policies. The update provides an initial list of the representative sample of policy wordings that will be examined in the action. 17 policy wordings have been selected so far, […]

FCA Publishes Statement About Policyholder Engagement for BI Test Cases

On 15 May 2020, the Financial Conduct Authority issued a statement setting out how it is engaging with policyholders and insurance intermediaries on business interruption insurance. The FCA said a large number of BI claims are being made and referred to widespread concern about the response of some insurers. On […]

FCA Announces It Will Commence Proceedings to Seek Clarity Over BI COVID-19 Coverage

On 1 May 2020, the Financial Conduct Authority, the UK’s conduct regulator for general insurers, published a statement announcing that it intends to take a representative sample of cases to court as soon as possible to resolve contractual uncertainty in business interruption cover for SMEs. The FCA refers to continuing […]

ACOD B – A 1980s Design Success

The special features of mesothelioma (its “indivisible” nature and its long latency) have thrown up many complex legal questions resulting in the creation of special mesothelioma jurisprudence and legislation governing the liabilities arising from the disease and how insurance should respond. Those developments have taken nearly 20 years, but the […]

Court of Appeal provides guidance on forseeability in mesothelioma claims

In Bussey v Anglia Heating ([2018] EWCA Civ.243, 22 February 2018), the Court of Appeal looked at asbestos exposure levels sufficient to found liability for causing mesothelioma. Mr Bussey had developed mesothelioma as a result of exposure while employed by the defendant as a plumber from 1965 to 1968. The […]

High Court revisits the question of the breach of duty of care in relation to mesothelioma

English law has developed a body of principles to address the particular problems posed by mesothelioma. This special area of law is known as the “Fairchild enclave”, a reference to the House of Lords decision in 2002. The Court has adopted a modified test for causation, but the claimant still […]

Court of Appeal considers application of Fairchild test in asbestos-induced lung cancer cases

In Heneghan v Manchester Dry Docks Ltd &  Ors [2016] EWCA Civ 86, the Court of Appeal considered whether the Fairchild exception should be applied in a case of multiple exposures to asbestos leading to lung cancer. Like mesothelioma, lung cancer is regarded as an “indivisible” disease – the severity does […]