Pandemic & Civil Authority BI Expert Witness
The FCA business interruption test case [2021] UKSC 1 reshaped how many disease, hybrid, and prevention of access clauses are interpreted. While coverage questions were clarified for many policyholders, quantum remains intensely contested - particularly where government support schemes, furlough, and sector-specific disruption affect the but-for trading position.
A business interruption expert witness in pandemic disputes establishes the covered trigger, defines the loss period in light of operational restrictions, and reconciles actual revenue against a credible counterfactual using pre-pandemic trends and transparent adjustments. Experts also address mitigation, saved expenses, and the economic impact of parallel market shocks.
For ongoing COVID-related litigation and arbitration, CPR Part 35 compliant reports typically set out alternative reasonable assumptions where data is incomplete, while clearly distinguishing facts, opinion, and areas of legitimate professional disagreement.
Frequently Asked Questions
Does the FCA test case mean my pandemic BI claim is automatically valid?
The FCA test case established that certain policy wordings did trigger coverage - but quantum still needs to be proved. An expert witness quantifies the actual loss attributable to the covered trigger, accounting for furlough grants, business support payments, and other mitigating factors.
Can a BI expert witness help with a pandemic claim still in dispute?
Yes. Expert witnesses assist with loss quantification, rebutting insurer calculations, and providing CPR-compliant reports for court or arbitration.
Glossary Terms
Short definitions for terminology used on this page - see the full business interruption glossary.
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