Whether the FCA Test Case judgement is appealed or not, the process of agreeing the quantum of losses suffered by business interruption policy holders will be very complex.

The test case looked at only a sample of 21 policy wordings. Each policy will need to be carefully considered against the samples involved and each policy holder will have different circumstances, - including the relevant impact of certain trends that might have impacted their results, positively or negatively, irrespective of the pandemic and all that has flowed from it.

So appeal or no appeal, both policy holders and insurers can be getting on with gathering relevant data in order to make the claims process as efficient and fast as possible.