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Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Civil Justice Council’s review of the pre-action protocols

Civil Justice Council’s review of the pre-action protocols

The following Commercial news provides comprehensive and up to date legal information on Civil Justice Council’s review of the pre-action protocols

Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

The following Dispute Resolution news provides comprehensive and up to date legal information on Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)

Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal sounds warning over inadequate pleadings in GLO litigation (Prudential Assurance v Commissioners for HM Revenue and Customs)

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

What is fundamental dishonesty?

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Vicarious liability in the course of employment—the close connection test

To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Pilot schemes content

Practice notes

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
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18th Jan
Practice notes

Automatic orders pilot scheme [Archived]

ARCHIVED: Warning: this is for historical purposes only. This pilot scheme has now ended.Where and when did it apply?The Automatic Pilot Scheme (the...
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18th Jan
Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

This Practice Note is an introduction to CE-File electronic working/electronic filing or e-working/e-filing in the courts under CPR PD 51O, including...
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18th Jan
tag iconCOVID-19
Practice notes

Default judgment—video hearings pilot scheme (ended 2019) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the video hearings pilot scheme which ran from 30...
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18th Jan
Practice notes

Defamation costs pilot scheme [Archived]

This Practice Note has been archived and is for historical purposes only. The defamation costs pilot scheme ended on 31 March 2013. For information on...
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18th Jan
Practice notes

Costs Management in Mercantile and TCC courts—pilot scheme [Archived]

This Practice Note is archived and is for historical purposes only as the pilot scheme ended on 31 March 2013. For further information on costs...
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18th Jan
Practice notes

Mediation service pilot scheme [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The provisions in this Practice Note came to an end on Monday 31 March 2014 when...
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18th Jan
Practice notes

Business and Property Courts—Capped Costs List pilot scheme

This Practice Note considers the Business and Property Courts—Capped Costs List pilot scheme (a form of fixed costs) which is set out in Practice...
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18th Jan
Practice notes

Online Civil Money Claims pilot scheme—CPR PD 51R

This Practice Note identifies a pilot scheme to test an online court environment in County Court money claims called the ‘Online Civil Money Claims...
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15th Jan
Practice notes

County Court Online pilot scheme—CPR PD 51S

This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims online...
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15th Jan
Practice notes

Tracker—pilot schemes

Pilot schemes which are ongoingPilot schemeKey datesDetailsCPR PD 51Y—Video or audio hearings during coronavirus (COVID-19) pandemic 25 March 2020...
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14th Jan
Practice notes

Electronic applications in the TCC CLCC [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. Throughout this Practice Note, references to:•TCC are to the Technology and...
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3rd Dec
Practice notes

County court counter services—access pilot [Archived]

Warning: this is for historical purposes only. From 30 September 2013, this pilot scheme has been implemented permanently. Accordingly, the majority...
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3rd Dec
Practice notes

Disclosure pilot scheme—costs recovery

This Practice Note considers costs recovery when dealing with proceedings under the disclosure pilot scheme found in CPR PD 51U. The pilot scheme, in...
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3rd Dec
Practice notes

Summary assessment bill of costs—pilot scheme

As part of the 104th update—Practice Directions Amendments accompanying the Civil Procedure Rules (CPR), the Ministry of Justice introduced a new...
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3rd Dec
Practice notes

Provisional assessment pilot scheme (county courts) [Archived]

ARCHIVED: This document is being retained for historical purposes only. This pilot scheme ended on 31 March 2013.For information on provisional...
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3rd Dec
Practice notes

Default judgment—video hearings pilot scheme 2020 (CPR PD 51V)

The pilot scheme is set out in Practice Direction 51V (CPR PD 51V) and provides for applications to set aside default judgments, obtained under CPR...
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3rd Dec
tag iconCOVID-19
Practice notes

Bill of Costs pilot scheme [Archived]

ARCHIVED: This Practice Note provided information on the Bill of Costs pilot scheme which came to an end on 30 September 2017. This Practice Note is...
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3rd Dec

Popular documents

LEXISNEXIS

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For

LEXISNEXIS

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by

LEXISNEXIS

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

LEXISNEXIS

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they