The test case FCA brought to get court clarity on the application of certain clauses in a number of business interruption insurance policies is now complete. FCA has now published the draft transcripts for days 1-7 of the trial, on which judgement is now awaited. FCA says the exact date is not yet known but it hopes this will be some time in mid-September.
Without prejudging the outcome, FCA has also published details of the appeal process, should this become relevant. The parties have agreed that they would seek to have any appeal heard on an expedited basis, which could potentially include a “leapfrog” appeal to the Supreme Court (missing out the Court of Appeal).