FCA has published the details of, and a provisional transcript from, the second case management conference in its business interruption insurance test case. Key directions include:
- the permitted interventions of the Hospitality Insurance Group Action and the Hiscox Action Group, both of which are allowed to file written submissions and make brief oral submissions at the July hearing;
- the acceptance of some “agreed facts”;
- FCA being allowed to amend its Particulars of Claim in relation to the prevalence of Covid-19 in the UK, while it and RSA were not allowed to rely on, respectively some expert and some factual evidence; and
- various procedural decisions, including the sequence of the July oral hearings (FCA and Intervenors to start for 3 days, with 4 days then for the defendants and then the last day for FCA and the Intervenors.
FCA has also now published the final transcript from the first case management hearing.