FCA Update (30th June) – Order from second Case Management Conference on 26 June 

By July 1, 2020NEWS

Order from second Case Management Conference on 26 June

At this hearing, Lord Justice Flaux and Mr Justice Butcher gave various directions relating to how the test case is to proceed, including that:

  • The Hospitality Insurance Group Action and the Hiscox Action Group were permitted to intervene in the test case. Each may file written submissions and make brief oral submissions at the hearing in July.
  • Certain facts have been accepted as ‘Agreed Facts’ for the purposes of the test case.
  • Royal & Sun Alliance Insurance Plc was not permitted to rely on factual evidence about a policy wording which was outside the Representative Sample.
  • The FCA was not permitted to rely on expert evidence in relation to two policy wordings of Ecclesiastical Insurance Office Plc. In particular, this concerned a list of ‘specified diseases’ which the FCA’s evidence suggested were unlikely to lead to a widespread outbreak in the UK.
  • The FCA was permitted to amend its Particulars of Claim in relation to the prevalence of Covid-19 in the UK. The FCA has agreed that it will revert to the Court by Friday 3 July to indicate if it wishes the Court to reserve time in the new Commercial Court term starting in September for the determination of issues related to the under-recording of the prevalence of Covid-19 in the UK.
  • Various procedural matters were decided, such as timing of written submissions, and sequence of oral submissions at the hearing in July. The first 3 days of the hearing in July were allocated to the FCA and Intervenors, the next 4 days to the Defendants, and the last day to the FCA and Intervenors.

We have published a draft, provisional transcript for the hearing, and will publish the final approved transcript as well as the court order when they are available.

Transcript of first Case Management Conference on 16 June

We have published the final approved transcript of this hearing.

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