The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2020] EWHC 2448 (Comm) Gavin Kealey QC, Andrew Wales QC, Sushma Ananda and Henry Moore, instructed by DAC Beachcroft LLP, represented MS Amlin Underwriting Ltd (“MSA”) and Ecclesiastical Insurance Office plc (“EIO”) in the expedited test case proceedings started by the FCA in June 2020. The test case, […]
News
Covid-19 News
Members of 7KBW intend to produce news items and bulletins on topics related to Covid-19 at regular intervals over the coming months.
FCA Business Interruption Insurance Test Case – Josephine Higgs
The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2020] EWHC 2448 (Comm) In June 2020 the Financial Conduct Authority (“FCA”) brought expedited test case proceedings against eight selected insurers to determine whether certain representative business interruption wordings respond to COVID-19 related losses. These proceedings led to an urgent, remote 2 week trial […]
Gavin Kealey QC featured in The Financial Times
Gavin Kealey QC has been featured in The Financial Times while acting for the insurers in the recent FCA test case in the Commercial Court before Lord Justice Flaux and Mr. Justice Butcher to determine whether sample Business Interruption wordings respond to coronavirus losses. Please view a PDF of the article here.
Success in North Sea oil dispute
Apache North Sea Limited v INEOS FPS Limited [2020] EWHC 2081 (Comm) David Allen QC and Michael Ryan successfully represented Apache North Sea Limited in a case against INEOS FPS Ltd concerning an agreement not to unreasonably withhold consent. The parties entered into contracts for the transportation to shore of Apache’s oil from the North […]
Jonathan Gaisman QC is named Barrister of the Week by The Lawyer
Jonathan Gaisman QC has been named Barrister of the Week by The Lawyer, published 12th June 2020. You can read the full article by The Lawyer or download a copy here.
ENKA v Chubb: Supreme Court grants permission to appeal and a stay of execution
Chubb has been granted permission to appeal to the Supreme Court in what is set to become the leading case on the governing law of arbitration agreements and the role of the courts of the seat in granting anti-suit relief. The Supreme Court has also ordered a stay of the anti-suit injunction obtained by ENKA […]
Carillion v KPMG: 7KBW teams act in pre-action disclosure application
Carillion plc (in liquidation) v KPMG LLP and KPMG Audit plc [2020] EWHC 1416 (Comm) 7KBW teams acted on both sides of Carillion plc’s application against KPMG for pre-action disclosure, in which the Commercial Court has handed down judgment in KPMG’s favour. KPMG (represented by Jonathan Gaisman QC, James Brocklebank QC, and Ralph Morley) successfully […]
FCA coronavirus test case
Two teams from 7KBW are acting for three insurers involved in the FCA test case to determine whether sample Business Interruption wordings respond to coronavirus losses. The test case is expected to lead to an urgent trial in late July, in what is likely to be the most significant insurance litigation for many years. With […]
English court considers how Article 31(2) of Brussels I Recast operates where there is a dispute as to which of two courts, if either of them, has exclusive jurisdiction
Generali Italia S.p.A v Pelagic Fisheries Corp. [2020] EWHC 1228 (Comm) Peter MacDonald Eggers Q.C. and Marcus Mander acted for 23 insurers under hull and machinery and increased value policies in successfully resisting challenges to the English court’s jurisdiction under Article 29(1) of Brussels I Recast. The hearing was conducted remotely using Skype for Business. […]
COVID-19: Bulletin 4
Richard Southern QC and Richard Sarll of 7KBW have prepared a bulletin on COVID-19 and the oil market, which considers the applicability of frustration and force majeure to contracts for the sale of oil and oil products. Members of 7KBW intend to produce bulletins on various topics affecting the oil industry at regular intervals over […]
COVID-19: Bulletin 3
Richard Southern QC and Richard Sarll of 7KBW have prepared a bulletin on COVID-19 and the oil market, which considers the recovery of hedging losses. Members of 7KBW intend to produce bulletins on various topics affecting the oil industry at regular intervals over the coming months. Members of 7KBW have extensive experience of the oil […]
Sioban Healy QC appointed by the Premier League to its new Judicial Panel
Sioban Healy QC has been appointed as a member of the Premier League Judicial Panel, one of 4 silks so appointed. The Premier League has created a new Judicial Panel of 15 members, plus an Appeal Panel of 6 members, to adjudicate independently disciplinary cases referred to it by the Premier League Board and to […]
