Brick Court Chambers

FCA v Arch and others

22/01/21

Friday 22 January 2021 at 10am online

The speakers' slides are here

The recording of the seminar is here

Simon Salzedo QC
Michael Bolding
Sarah Bousfield

On 15 January, the Supreme Court handed down its judgment in The Financial Conduct Authority v Arch and others [2021] UKSC 1. In that test case, the FCA sought declarations against eight insurers concerning the extent to which non-damage business interruption policies respond to loss caused by the Covid-19 pandemic. The Commercial Court held that the majority of the policies in question provide cover for all loss sustained by policyholders as a result of the pandemic. The Supreme Court dismissed the insurers’ appeals. The judgment has potentially wide-reaching implications, particularly in relation to causation.

Simon Salzedo QC, Michael Bolding and Sarah Bousfield each acted for insurers in the test case and in this seminar they will be explaining the Supreme Court’s judgment and its implications.

Further details about the judgment are here.