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Business Interruption Insurance Test Case: Agreed Facts 1

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Business Interruption Insurance Test Case: Agreed Facts 1 CLAIM NO: FL-2020-000018 IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS COMMERCIAL COURT (QBD) FINANCIAL LIST FINANCIAL MARKETS TEST CASE SCHEME BETWEEN THE FINANCIAL CONDUCT AUTHORITY Claimant -and- (1) ARCH INSURANCE (UK) LIMITED (2) ARGENTA SYNDICATE MANAGEMENT LIMITED (3) ECCLESIASTICAL INSURANCE OFFICE PLC (4) HISCOX INSURANCE COMPANY LIMITED (5) MS AMLIN UNDERWRITING LIMITED (6) QBE UK LIMITED (7) ROYAL & SUN ALLIANCE INSURANCE PLC (8) ZURICH INSURANCE PLC Defendants ___________________________________ AGREED FACTS – DOCUMENT 1 CHRONOLOGY OF GOVERNMENT RESPONSE TO COVID-19 IN THE UK ____________________________________ 11/62475632_2 1 Date Event1 Detail2 Source Page Reference 1. 31 Dec 19 WHO informed of https://www.who.int/csr/don/05- 1-2 cases of january-2020-pneumonia-of-unkown- pneumonia of cause-china/en/ unknown cause in Wuhan, Hubei, China 2. 22 Jan 20 UK DHSC and Statement from the Department of Health and Social Care (“DHSC”) and https://www.gov.uk/government/news/ 3-4 PHE raise risk Public Health England (“PHE”): dhsc-and-phe-statement-on- level to UK from “We have been carefully monitoring the coronavirus situation in Wuhan and coronavirus ‘very low’ to ‘low’ are ready to put in place proportionate, precautionary measures. From today, enhanced monitoring will be in place from all direct flights from Wuhan to the UK.… The risk to the UK population has been assessed as low, based on the emerging evidence regarding case numbers, potential sources and human to human transmission. This has been raised from very low due to evidence on the likelihood of cases being imported into this country. There are no confirmed cases of this new infection in the UK… Dr Nick Phin, Deputy Director, National Infection Service, PHE, said: - This is a new and rapidly evolving situation where information on cases and the virus is being gathered and assessed daily. Based on the available evidence, the current risk to the UK is considered low. We are working with the WHO and other international partners, have issued advice to the NHS and are keeping the situation under constant review” 3. 28 Jan 20 UK Foreign Office https://www.gov.uk/government/news/ 5-10 recommends novel-coronavirus-and-avian-flu- advice-for-travel-to-china 1 'Event' description is a summary only. Priority should be given to the content of the 'Detail' column and contents of the Chronology bundle. 2 Summaries or selected quotations are in some instances provided below for documents referred to in this Chronology. Where a summary has been provided, or a selected quote given, the text of the original source takes precedence over any summary included in the Agreed Facts. 11/62475632_2 2 against travel to Wuhan 4. 30 Jan 20 UK DHSC raises https://www.gov.uk/government/news/s 11-12 risk level to UK Statement from the 4 UK Chief Medical Officers on novel coronavirus: tatement-from-the-four-uk-chief- from ‘low’ to medical-officers-on-novel-coronavirus ‘moderate’ “In light of the increasing number of cases in China and using existing and widely tested models, the 4 UK Chief Medical Officers consider it prudent for our governments to escalate planning and preparation in case of a more widespread outbreak. For that reason, we are advising an increase of the UK risk level from low to moderate. This does not mean we think the risk to individuals in the UK has changed at this stage, but that government should plan for all eventualities.” 5. 30 Jan 20 WHO declares The International Health Regulations (2005) Emergency Committee met and https://www.who.int/news- 13-18 the outbreak of agreed that the outbreak now meets the criteria for a Public Health room/detail/30-01-2020-statement-on- COVID-19 a Emergency of International Concern. the-second-meeting-of-the- Public Health international-health-regulations-(2005)- Emergency of emergency-committee-regarding-the- International outbreak-of-novel-coronavirus-(2019- Concern ncov) 6. 31 Jan 20 UK confirms its Chief Medical Officer for England confirms cases of coronavirus in England: https://www.gov.uk/government/news/c 19-20 first COVID-19 mo-confirms-cases-of-coronavirus-in- cases “We can confirm that 2 patients in England, who are members of the same england family, have tested positive for coronavirus …” 7. 3 Feb 20 UK government Government-funded campaign advises public to: https://www.england.nhs.uk/london/20 21-22 launches public • Always carry tissues and use them to catch coughs and sneezes, 20/02/03/coronavirus-public- health information information-campaign-launched- and bin the tissue campaign across-the-uk/ • Wash hands with soap and water or use sanitiser gel to kill germs 8. 10 Feb 20 The Health These Regulations supplement the health protection regime found in Part 2A The Health Protection (Coronavirus) See J_14 Protection of the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in the Regulations 2020 (Coronavirus) Regulations 2020 enacted 11/62475632_2 3 event that there exists a serious and imminent threat to public health from the virus known as “Wuhan novel coronavirus (2019-nCoV)”. Regulation 2 defines the terms used in the Regulations. Regulation 3 provides that the Regulations apply where the Secretary of State makes a declaration on www.gov.uk that the incidence or transmission of Coronavirus constitutes a serious and imminent threat to public health and that the incidence of Coronavirus is at such a point that the measures outlined in these Regulations may reasonably be considered as an effective means of preventing the further transmission of Coronavirus. Regulation 4 enables a person to be detained for screening purposes where certain conditions are met. Regulation 5 enables screening and other requirements to be imposed on a person where certain conditions are met. Regulation 6 sets out the screening requirements. Regulation 7 enables further restrictions and requirements to be imposed on certain persons for the purpose of reducing or removing the risk of persons infecting or contaminating others. Regulation 8 provides for the isolation of persons. Regulation 9 makes additional provision in relation to cases where persons are detained or isolated. Regulation 10 enables restrictions and requirements to be imposed in relation to groups of persons. Regulation 11 provides that as well as being able to make a Part 2A order on the application of a local authority as provided for in section 45M(1) of the 1984 Act, a justice of the peace may make a Part 2A order on the application of a registered public health consultant or the Secretary of State in particular circumstances. Regulations 12 and 13 provide for appeals and enforcement. 11/62475632_2 4 Regulation 14 provides powers for constables to detain persons. Regulation 15 provides for offences. Regulation 16 provides for the expiry of the Regulations at the end of two years. Repealed on 25 March 2020 by Coronavirus Act 2020. 9. 22 Feb 20 COVID-19 The Public Health etc. (Scotland) Act 2008 (Notifiable Disease and Notifiable https://www.gov.scot/news/coronavirus 23-24 becomes Organism) Regulations 2020 amended Part 1 and 2 of schedule 1 of the -becomes-notifiable-disease-in- notifiable in Public Health etc. (Scotland) Act 2008 to add coronavirus disease to the list scotland/ Scotland of notifiable diseases and to add severe acute respiratory syndrome coronavirus 2 to the list of notifiable organisms. The Public Health etc. (Scotland) Act See J_20 2008 (Notifiable Disease and Notifiable Organism) Regulations 2020 10. 25 Feb 20 UK government Government guidance states that travellers returning from Hubei, Iran, and https://www.gov.uk/government/public 25-29 advises all certain regions of South Korea and Italy should self-isolate on reaching ations/health-protection-report-volume- travellers home or their destination, even if they have no symptoms 14-2020/hpr-volume-14-issue-4-news- returning from 25-and-26-february/ certain regions to self-isolate 11. 25 Feb 20 UK Government Guidance: https://web.archive.org/web/20200226 30-37 publishes • Provides information on COVID-19, including symptoms and method 214135/https://www.gov.uk/governmen guidance for of spread. t/publications/guidance-to-employers- employers and • Repeats PHE's advice to cover mouth when sneezing, bin tissues, and-businesses-about-covid- business wash hands regularly, disinfect frequently touched objects and avoid 19/guidance-for-employers-and- touching face. businesses-on-covid-19 • Employees are not recommended to wear facemasks • If someone is unwell in the workplace but has not been to specified areas in the last 14 days, then "normal practice should continue". • Those returning from specified areas in the last 14 days should avoid attending work. 11/62475632_2 5 • If someone is unwell and has relevant travel history, the unwell individual should be removed, avoid touching people or surfaces and should call 111. • "Closure of workplace not recommended" if a member of staff or the public with confirmed COVID-19 has recently been in your workplace. The management team of the office or workplace will be contacted by the PHE local Health Protection Team to discuss the case, identify people who have been in contact with them and advise on any actions or precautions that should be taken. • Cleaning should include "all surfaces and objects visibly contaminated with body fluids [of a symptomatic person]" and "all potentially contaminated high-contact areas" 12. 27 Feb 20 Authorities Dr Jillian Johnston, Consultant in Health Protection at the PHA, said: https://www.publichealth.hscni.net/site 38-39 confirm first case • “All stages of the individual’s journey were identified and those who s/default/files/2020-03/COVID-19%20- of COVID-19 in came into closest contact have been traced and contacted with public %2028%20February%202020%20- Northern Ireland health advice and guidance" %201.pdf • "We would like to reiterate the effective measures we all can take to help stop the spread of coronavirus.
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