FCA TEST CASE MAY RUN INTO SEPTEMBER

The latest case management hearing in a test case aimed at resolving Covid-19 business interruption insurance disputes has opened up the possibility of a further hearing in September. An eight day hearing is due to start on July 20, although Lord Justice Flaux and Mr Justice Butcher have allowed the Financial Conduct Authority (FCA) to amend its Particulars of Claim. The FCA has agreed that it will revert to the court by July 3 to indicate if it wishes to reserve time in September for the determination of issues related to the under-recording of the prevalence of Covid-19 in the UK. At the second case management hearing on June 26, the justices also said RSA was not permitted to rely on factual evidence about a policy wording which was outside the representative sample. They also ruled the FCA was not permitted to rely on expert evidence in relation to two policy wordings of Ecclesiastical Insurance.