The Financial Conduct Authority v Arch Insurance (UK) Ltd

JurisdictionEngland & Wales
JudgeLord Justice Flaux,Mr Justice Butcher
Judgment Date15 September 2020
Neutral Citation[2020] EWHC 2448 (Comm)
CourtQueen's Bench Division (Commercial Court)
Docket NumberCase No: FL-2020-000018
Date15 September 2020
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31 cases
  • The Financial Conduct Authority v Arch Insurance (UK) Ltd and Others
    • United Kingdom
    • Supreme Court
    • 1 January 2021
  • Various Eateries v Allianz
    • United Kingdom
    • King's Bench Division (Commercial Court)
    • 17 October 2022
    ...providing cover for ‘states of affairs’. Particular reliance was placed on paragraph [145] of the judgment of the Divisional Court ( [2020] EWHC 2448 (Comm)). Furthermore, Allianz pointed out, the Divisional Court's decision in relation to RSA 4 had not been appealed to the Supreme Court. ......
  • Arag Plc v Leighton Jones
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 18 December 2020
    ...AC 1173; ABC Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645, per Carr LJ at [17]–[19]; Financial Conduct Authority v Arch Insurance (UK) Limited [2020] EWHC 2448 (Comm) at [61]–[79]. I see no purpose in reciting in this judgment the familiar principles establis......
  • TKC London Ltd v Allianz Insurance Plc
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 15 October 2020
    ...this judgment I shall refer to the Initial Regulations and the Replacement Regulations together as “the Coronavirus Regulations”. 2 [2020] EWHC 2448 (Comm) 3 See para [80]. 4 [2005] EWCA Civ 845, [2005] 2 Lloyd's Rep 701 at [27] 5 [1997] 2 Lloyd's Rep 146 6 [1996] 1 Lloyd's Rep 85 7 [2......
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15 firm's commentaries
  • Aggregation Of Losses Under English, Cayman Islands, And Bermuda Law: A COVID-19 Reminder For Insurers And Reinsurers
    • Cayman Islands
    • Mondaq Cayman Islands
    • 14 January 2021
    ...& Ors [2004] Lloyd's Rep IR 696. 5 In the recent test case of The Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd & Ors [2020] EWHC 2448 (Comm), the English High Court has confirmed that the decisions of Tomlinson J and the Court of Appeal in The Silver Cloud "turned on the fact......
  • More News From The English Court On Business Interruption Insurance And COVID-19
    • United Kingdom
    • Mondaq UK
    • 20 October 2020
    ...two recent decisions,The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) ('the FCA Test Case') and TKC London Limited v Allianz Insurance Plc [2020] EWHC 2710 (Comm) ('TKC'), the English Court has considered various standard form business interruptio......
  • Covid Business Interruption Claims ' The Next Instalment
    • United Kingdom
    • Mondaq UK
    • 24 October 2022
    ...businesses brought significant loss of revenue to business across the UK. The Financial Conduct Authority (FCA) test case (FCA v Arch [2020] EWHC Comm 2448, and [2021] UKSC 1) considered what cover there may be under various non-damage business interruption extensions for such losses. Follo......
  • Regulation Round Up - September 2020
    • United Kingdom
    • Mondaq UK
    • 6 October 2020
    ...a judgment made by the High Court in the FCA's business interruption insurance test case (FCA v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) (Flaux LJ and Butcher J)) brought by the FCA seeking legal clarity on the meaning and effect of certain business interruption insurance ......
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3 books & journal articles
  • Insurance Law
    • South Africa
    • Juta Yearbook of South African Law No. , March 2022
    • 28 March 2022
    ...d be available for business i nterruption claims. The cou rt’s ruling essentially favoured t he FCA representing 254 Para 50.255 [2020] EWHC 2448 (Comm). See Ma-Afrika para 51.256 Ibid.257 Para 52.258 Ibid.259 Ibid.260 Para 55. © Juta and Company (Pty) Ltd YeArbooK oF south AFrICAN LAW686th......
  • Covid in the Courts: The FBD Test Case
    • Ireland
    • Hibernian Law Journal No. 20-2021, January 2021
    • 1 January 2021
    ...opinions of the author. 1 Dáil Deb 11 February 2021, vol 1004. 2 [2021] IEHC 78. 3 he Financial Conduct Authority v Arch and Others [2020] EWHC 2448 (Comm). 4 he Financial Conduct Authority v Arch and Others [2021] UKSC 1. 5 Central Bank of Ireland, Business Interruption Insurance Superviso......
  • Case notes - Covid in the Courts: The FBD Test Case
    • Ireland
    • Hibernian Law Journal No. 20-2022, January 2022
    • 12 January 2022
    ...opinions of the author. 1 Dáil Deb 11 February 2021, vol 1004. 2 [2021] IEHC 78. 3 The Financial Conduct Authority v Arch and Others [2020] EWHC 2448 (Comm). 4 The Financial Conduct Authority v Arch and Others [2021] UKSC Central Bank of Ireland, Business Interruption Insurance Supervisory ......

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