In a judgment handed down on 1st November 2023, Justice Sir Peter Gross determined certain preliminary issues concerning whether three insuring clauses were capable of providing cover for COVID-19 related business interruption loss. In holding that there was (subject to proof) cover under each of the clauses, Sir Peter dealt with how the growing body of authority from the English, Irish, and Australian courts should apply in the DIFC. The judgment also contains an interesting analysis of the distinct approach taken by DIFC law to questions of contractual interpretation, and how the Court should approach “corrective” interpretation.
The judgment can be found here.
Charles Dougherty KC and Timothy Killen acted for the successful policyholders. Lucas Fear-Segal (led by Neil Hext KC) acted for brokers.