Covid 19 Business Interruption Insurance Claims: Newcastle Business & Property Court

Specialist Civil Judge of the Property and Business Court (BPC) in Newcastle, His Honour Judge Kramer has circulated an update for the attention of all Newcastle BPC practitioners in relation to Covid 19 related business interruption insurance claims.

The update, that can be downloaded here, relates to the imminent publication of the Supreme Court judgment in the appeal from the decision of the Divisional Court in FCA v Arch Insurance and ors [2020] EWHC 2448 (Comm). The test case brought by the Financial Conduct Authority relates to the interpretation of a range of insurance clauses in policies where there has been business interruption caused by the Coronavirus pandemic.

The implications of the judgment are far reaching and could see a "substantial number" of insurance related claims. To ensure that any such cases are efficiently managed, Mr Justice Butcher has been nominated as the Judge of the Commercial Court who will oversee this litigation, with claims still being issued in the relevant regional BPCs and subject to any need for transfer, will continue to be managed locally. 

Trinity's Business & Property barristers welcome the guidance ahead of the much anticipated Arch judgment. Members of the BPC team, including insurance specialist Graham Bartlett, have written blogs, delivered webinars and advised on this challenging and unprecedented area.

In response to the impact of the Coronavirus crisis, Chambers' Business & Property barristers and staff are committed to providing as much assistance as possible, including urgent advice, resources and support in dealing with remote, in person and hybrid hearings. Members of the team can assist in commercial disputes arising from the pandemic and its impact on businesses, organisations, public bodies and individuals. For further details, please contact the clerking team on 0191 232 1927 or by email

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