Wills Jacobsen

Wills Probate & Trusts Solicitors Huntingdon


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Supreme Court success for FCA and small businesses in Covid-19 Business Interruption case

We’re pleased to share news of a significant victory for small business owners facing uncertainty as a result of the latest lockdown.

As reported in an article from Buckles Solicitors (https://www.buckles-law.co.uk/blog/covid-19/general-advice-for-businesses/supreme-court-success-for-fca-and-small-businesses-in-covid-19-business-interruption-case/), a test case (which was brought by the Financial Conduct Authority to obtain clarification on certain ‘disease’ clauses which insurers were using to withhold pay-outs for business interruption resulting from the pandemic) had the decision of the Supreme Court handed down on the 15th January. This decision allows the FCA appeal and dismisses the appeals of the insurers.

Lord Briggs in his concurring judgement stated:

‘On the insurers’ case, the cover apparently provided for business interruption caused by the effects of a national pandemic type of notifiable disease was in reality illusory, just when it might have been supposed to have been most needed by policyholders.

“That outcome seemed to me to be clearly contrary to the spirit and intent of the relevant provisions of the policies in issue.’

Tagged With: Business Interruption, Covid-19, lockdown

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Wills Jacobsen are authorised and regulated by CILEx Regulation for Probate: Authorisation Number 2164535. Read the CILEx Code of Conduct.

Wills Jacobsen is the trading name for Wills Jacobsen Legal Ltd

Company number: 09511808

 

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Registered office:1 Broughton Business Centre, Causeway Road, Broughton, Huntingdon, PE28 3AR

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