Business Interruption Insurance Claims after the FCA Test Case: at Home and Abroad


Aggregation: where did it start, what are the underlying themes, what is the direction of travel and what will be scrutinised next?

Our panel of Guy Blackwood KC, Joseph England and William Mitchell discussed these issues and considered some recent illustrations of practical applications by the Courts:

  • The FCA’s business interruption insurance test case and how it is distinguished from decisions in other international jurisdictions
  • The judgment of Butcher J in Stonegate Pub Co Ltd v MS Amlin Corp Member Ltd & Ors [2022] EWHC 2548 (Comm)
  • The judgment of Cockerill J. in Corbin and King Ltd v AXA Insurance UK Plc [2022] EWHC 409 (Comm), a high-profile claim brought by the well-known restaurant group, concerning the scope of non-damage denial of access and important issues of aggregation following the “FCA Test Case” .