header-logo header-logo

14 May 2020
Issue: 7886 / Categories: Legal News , Covid-19 , Commercial , Insurance / reinsurance
printer mail-detail

NLJ this week: Perils of business interruption policies

Businesses seeking insurance payouts for losses caused by COVID-19 may come up against interesting defences on causation points, barristers say.

Writing in this week’s NLJ, Theo Barclay and Joshua Munro, both of Hailsham Chambers, outline a variety of practical issues for lawyers advising on business interruption claims. For example, a key issue will be ‘whether the proximate cause of loss is the worldwide restrictions caused by COVID-19 or the UK government’s response to it’. If the latter, the value of claims by companies with international supply chains will be reduced because they would have been disrupted in any event.

The 5 March, when the pandemic became a ‘notifiable disease’, will be a significant date for businesses who source products from China―losses occurring before then may be excluded. Lawyers should also note that ‘mitigation of loss is likely to prove one of the most hostile battlegrounds’ in coronavirus litigation.

RELATED ARTICLES

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll