Hiscox QC accuses FCA of “tearing up the rule book on causation”

Jonathan Gaisman, QC, branded parts of the Financial Conduct Authority’s arguments as camouflage, a misuse of language and “blurring every divisible thing into one amorphous mass” as he defended Hiscox in the ongoing business interruption test court case.

Gaisman began his online presentation to Mr Justice Butcher and Lord Justice Flaux on day five of the case by tackling the provider’s non-damage denial of access and public authority clauses.

Starting with the public authority clause he cited the four factors that needed to be present as set out in the defendants’ joint skeleton argument on causation.

This covered the sequence where the insured must prove loss has been caused by an interruption, caused by inability to use the insured premises