7 King’s Bench Walk

This Practice Note provides guidance on issues relating to coronavirus (COVID-19) business interruption insurance claims that were not dealt with by the Divisional Court or Supreme Court in the Financial Conduct Authority (FCA) test case. This includes damage clauses, closed disease clauses, ‘at the premises’ clauses, non-damage denial of access and similar clauses, damages for late payment of claims pursuant to the Enterprise Act 2016, the treatment of furlough payments and aggregation.

This Precedent and associated drafting notes are for a draft order for an anti-suit injunction to prevent a defendant from commencing proceedings in the courts of another country or from pursuing proceedings which have already been commenced abroad. This Precedent contains a Penal Notice.

This Precedent and drafting notes are for use by an applicant seeking to prevent a party from pursuing proceedings in another country. The drafting notes are designed to signpost issues which need to be addressed.