The second case management conference in the FCA business interruption insurance test case took place today. The court allowed groups of policyholders – the Hiscox Action Group and Hospitality Insurance Action Group – to intervene in the hearing and made other detailed orders about the management of the case during the three weeks before the trial begins on 20 July.
Over three days this week the Court of Appeal heard – remotely – the test case challenge to the current basis of valuing awards for the additional costs of suitable or adapted accommodation in claims arising from serious injuries. The calculation features use of the personal injury discount rate and, since that is negative at present, it produces (mathematically at least) ‘no loss’ for the claimant. The claimant in Swift v Carpenter argues this is unsatisfactory and therefore seeks a new approach.
In an earlier post in February we noted that the Advocate-General assigned to the RB v TÜV Rheinland case had advised that the restriction, in a liability policy issued to the manufacturer of silicone implants, of cover to damage sustained in France did not engage the principle of non-discrimination on the grounds of nationality set out in the European Treaty. The discrimination had been alleged by a patient who had implants inserted, and thus sustained damage, in Germany. In its judgment of 11 June the CJEU endorsed the AG’s view and provided further guidance.