The most recent of the Covid-19 business interruption insurance cases is London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc [2023] EWHC 1481 (Comm) which confirms that the same approach to causation developed by the Supreme Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 (FCA Test Case)
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Podcast: Insurance in Class Actions in England and Wales
In this latest edition of our Class Actions in England & Wales podcast series, Greig Anderson, Sarah Irons and Gregg Rowan discuss how insurance can play a significant role in any class action an organisation may face. The podcast looks at the types of insurance policies that may provide cover, the complexities that can…
Court construes application of policy sub-limits in Covid-19 BI claim
The latest judgment handed down in the spate of recent Covid-19 business interruption (BI) cases is PizzaExpress Group Limited & Ors v Liberty Mutual Insurance Europe SE & another [2023] EWHC 1269 (Comm).
The judgment is in respect of a preliminary issue concerning the construction of provisions relating to policy limits. The Pizza Express restaurant…
Practical Law insurance column by Grant Murtagh: May 2023
In the latest instalment of his insurance column for Practical Law, Grant Murtagh considers four recent developments in the UK insurance industry.
Grant starts with the PRA’s Business Plan 2023/24, which gives some insight into how the PRA is determining its priorities.
He then considers particular aspects of two of these priorities. HM Treasury…
Permission refused for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors
In what is undoubtedly a significant decision for boards seeking to grapple with how to respond to the impact of climate change on their company’s business as well as the D&O insurance market, the High Court has refused permission for ClientEarth, a minority shareholder in Shell plc, to continue a derivative action on behalf of…
Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs
Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. Its recommendations are separate to, but take into account, the planned extension of fixed recoverable costs to cases valued at up to £100,000 which is now due to come in…
When is a cause a proximate cause?
A recent case has considered whether property damage caused by the controlled detonation of a World War II bomb was “occasioned by war”. If it was, the damage would be excluded from cover by the operation of a war exclusion clause under a property damage and business interruption policy (the Policy).
In Allianz Insurance Plc…
Insurance & Professional Risks team news
There are some exciting changes and promotions in the Insurance & Professional Risks team at Herbert Smith Freehills effective from 1 May that we wanted to share with our clients and contacts.
Alexander Oddy takes over as head of the Insurance & Professional Risks team in London as Paul Lewis becomes new joint managing partner…
Court of Appeal upholds decision that no duty owed to investors by barrister advising scheme promoter
The Court of Appeal handed down judgment today in David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, unanimously dismissing the appeal. Herbert Smith Freehills Partner Will Glassey and Associate Henry Saunders acted for the successful Defendant Andrew Thornhill KC.
BACKGROUND
The Claimants were investors in three film finance schemes which were…
Review of SMCR launched
On 30 March 2023, the Treasury published a Call for Evidence alongside a joint PRA/FCA Discussion Paper, launching the first comprehensive review of the Senior Managers and Certification Regime (“SMCR“) since its introduction.
There has been some speculation since the SMCR review was announced by the Chancellor of the Exchequer, Jeremy Hunt, as part…