Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

COVID-19 business interruption insurance after the FCA test case: disease and ‘at the premises’/NDDA clauses, causation, prevalence, furlough deductions, late payment and aggregation—key developments (England and Wales)

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Practice notes

Business interruption insurance

This form of cover is commonly packaged and sold within standard commercial property policies. Ordinarily, business interruption protection only responds when disruption to, or interference with, operations directly stems from physical damage to insured property at the insured location. Some wordings, however, add ‘non-damage’ extensions that insure loss of income in other scenarios— for example, where entry to, or use of, the business premises is temporarily blocked or materially impeded by circumstances not involving property damage. In March 2020, after the coronavirus (COVID-19) lockdown, numerous firms sought to claim for such losses under their business interruption insurance, yet few received indemnity, largely because of uncertainty over how non-damage extensions should react to a nationwide outbreak of infectious disease. The Financial Conduct Authority (fca), in consultation with policyholders and insurers, commenced and pursued a test case under the Financial Markets Test Case Scheme (the FCA test case). The first instance hearing proceeded before a Divisional Court in July 2020, with judgment subsequently delivered on 15 September 2020. See News Analysis: Coronavirus (COVID-19) business interruption test case—post-judgment analysis—construction, composite perils and causation, LNB News 15/09/2020 70 and LNB News 15/09/2020 69. Six of the insurers (Arch, Argenta, Hiscox, MS...

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Josephine Higgs , KC

7 KBW

Josephine Higgs KC is a barrister at 7 King’s Bench Walk practising in all areas of commercial law with a particular emphasis on insurance and reinsurance, professional negligence, civil fraud, conflict of laws and jurisdiction, international arbitration, and energy and natural resources. She is recommended in Chambers & Partners and Legal 500 as a leading silk for insurance, commercial dispute resolution and professional negligence, and has been described in the directories as “a complete pleasure to work with and a superb advocate”, “absolutely brilliant”, “very focused” and “ferociously hard-working”. She has been instructed in a broad spectrum of cases of different types and sizes in the Supreme Court, Court of Appeal, Commercial Court, and in domestic and international arbitrations (including ICC, LCIA, ARIAS and Bermuda Form arbitrations), as well as cases in other jurisdictions. She regularly advises and acts in cases with an...

Web page updated on 21/05/2026

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