Commercial Law

Test Case for Business Interruption by Hybrid Link

By October 5, 2021 No Comments
Test Case

A test case for business interruption insurance related to COVID-19 is to proceed via a hybrid remote and physical hearing arrangement in the Commercial Court.

The test case involves the Old Imperial, a Hotel in Youghal, Co Cork, and its operators, Coachhouse Catering Ltd, against Slovenian-based insurance provider, Zavarovalnica Sava, under the Central Bank (Supervision and Enforcement) Act 2013 for alleged breach by the insurer of certain regulatory obligations.

Refusing Indemnity

The operators of the hotel seek declarations that, under its contract of insurance, it is entitled to be indemnified. In addition, damages are being sought for breach of contract, including aggravated and/or exemplary damages. Zavarovalnica Sava has refused indemnify and disputes the claim.

The contract ran from February 2020 to February of this year.

€2.2 million Investment

The Courts Service has invested €2.2 million as of this year to ensure that courtrooms are video-link enabled, with Mr Justice Denis McDonald approving the use of the new purpose-designed Trialview system for the hearing of the case following recommendations from lawyers for both sides. The entire case is to be streamed using the Trialview system.

Justice McDonald has stated that the lawyers of both parties can attend court in person, while video evidence can be given by witnesses.

 

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

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