“When we reduce our day-to-day contact with other people, we will reduce the spread of the infection. That is why the government is now (23 March 2020 ) introducing three new measures. 1. Requiring people to stay at home, except for very limited purposes 2. Closing certain businesses and venues 3. Stopping gatherings of more than two people in public Every citizen must comply with these new measures. The relevant authorities, including the police, will be given the powers to enforce them – including through fines and dispersing gatherings. These measures are effective immediately. The Government will look again at these measures in three weeks, and relax them if the evidence shows this is possible. …………………. 1. Staying at home You should only leave the house for one of four reasons: Shopping for basic necessities, for example food and medicine, which must be as infrequent as possible. One form of exercise a day, for example a run, walk, or cycle - alone or with members of your household. Any medical need, or to provide care or to help a vulnerable person. Travelling to and from work, but only where this absolutely cannot be done from home. These four reasons are exceptions - even when doing these activities, you should be minimising time spent outside of the home and ensuring you are 2 metres apart from anyone outside of your household. These measures must be followed by everyone. Separate advice is available for individuals or households who are isolating, and for the most vulnerable who need to be shielded. 2. Closing non-essential shops and public spaces Last week, the Government ordered certain businesses - including pubs, cinemas and theatres - to close. The Government is now extending this requirement to a further set of businesses and other venues, including: all non-essential retail stores - this will include clothing and electronics stores; hair, beauty and nail salons; and outdoor and indoor markets, excluding food markets. libraries, community centres, and youth centres. indoor and outdoor leisure facilities such as bowling alleys, arcades and soft play facilities. communal places within parks, such as playgrounds, sports courts and outdoor gyms. places of worship, except for funerals attended by immediate families. hotels, hostels, bed and breakfasts, campsites, caravan parks, and boarding houses for commercial/leisure use (excluding permanent residents and key workers). ……….. 4. Delivering these new measures These measures will reduce our day to day contact with other people. They are a vital part of our efforts to reduce the rate of transmission of coronavirus. Every citizen is instructed to comply with these new measures. The Government will therefore be ensuring the police and other relevant authorities have the powers to enforce them, including through fines and dispersing gatherings where people do not comply.”
“(3) a person responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the emergency period.”
“(1) A person responsible for carrying on a business of a public house, café, restaurant, or other relevant business must, during the emergency period, take all reasonable measures to ensure that— (a) no bookings for a table are accepted for a group of more than six persons unless one of the exemptions in regulation 5 of the Principal Regulations applies; (b) no persons are admitted to the premises in a group of more than six, unless one of the exemptions in regulation 5 of the Principal Regulations applies. (c) no person in one qualifying group mingles with any person in another qualifying group where this is not permitted under the Principal Regulations. (d) an appropriate distance is maintained between tables occupied by different qualifying groups.”
“(i) at least two metres, or (ii) at least one metre, if— (aa) there are barriers or screens between tables; (bb) the tables are arranged with back to back seating, or otherwise arranged to ensure that persons sitting at one table do not face any person sitting at another table at a distance of less than two metres; or (cc) other measures are taken to limit the risk of transmission of the coronavirus between people sitting at different tables;”
“all pubs, bars and restaurants must operate a table service only, except for takeaways. Together with all hospitality venues, they must close at 10pm and to help the police enforce this rule I am afraid that that means, alas, closing and not just calling for last orders, because simplicity is paramount.”
“(1) A person responsible for carrying on a restricted business or providing a restricted service (“P”) must not carry on that business or provide that service during the emergency period between the hours of 22:00 and 05:00, subject to paragraphs (2), (3) and (4). (2) Paragraph (1) does not prevent P selling food or drink for consumption off the premises between the hours of 22:00 and 05:00— (a) by making deliveries in response to orders received— (i) through a website, or otherwise by on-line communication. (ii) by telephone, including orders by text message; or (iii) by post; or (c) to a purchaser who collects the food or drink in a vehicle, and to whom the food or drink is passed without the purchaser or any other person leaving the vehicle.”
“1. Restaurants, including restaurants and dining rooms in hotels or members’ clubs.”
“GROSS PROFIT INCLUDING INCREASE IN COST OF WORKING Under Business Interruption the insurance under this Item is limited to loss of Gross Profit due to a) Reduction In Turnover and b) Increase In Cost of Working and the amount payable as indemnity thereunder shall be: a) In respect of Reduction In Turnover the sum produced by applying the Rate of Gross Profit to the amount by which the turnover during the Indemnity Period shall in consequence of the Incident fall short of the standard turnover; b) In respect of Increase In Cost Of Working the additional expenditure (subject to the provisions of the uninsured standing charges clause) necessarily and reasonably incurred for the sole purpose of avoiding or diminishing the reduction in turnover which but for that expenditure would have taken place during the Indemnity Period in consequence of the Incident but not exceeding the sum produced by applying the Rate of Gross Profit to the amount of the reduction thereby avoided; less any sum saved during the Indemnity Period in respect of such of the charges and expenses of the business payable out of Gross Profit as may cease or be reduced in consequence of the Incident;”
“Section 2 is extended to include loss following interference with the Business carried out by the Insured in consequence of action by the Police or other Statutory Authority following danger or disturbance within 1 mile of the Premises which shall prevent or hinder use of the Premises or access thereto or, interference with the Business carried out by the Insured. Provided that the Company shall not be liable under this extension for more than the amount shown against this extension in the Schedule.”
“Denial of Access This Section extends to include any claim resulting from interruption of or interference with The Business carried on by The Insured at The Premises in consequence of … (b) action by the Police Authority and/or the Government or any local Government body or any other competent authority following danger or disturbance within a one mile radius of The Premises which shall prevent or hinder use of The Premises or access thereto … provided that after the application of all other terms conditions and provisions of this Section the liability of the Insurer shall not exceed … (ii) GBP 1,000,000 in respect of (b) above any one loss”
“Savings If any of the charges or expenses of The Business payable cease or reduce in consequence of the Damage such savings during the Indemnity Period shall be deducted from the amount payable.”
“S/30/1 Endanger Life or Property Denial of Access Endanger Life or Property Any claim resulting from interruption of or interference with the Business as a direct result of an incident likely to endanger human life or property within 1 mile radius of the premises in consequence of which access to or use of the premises is prevented or hindered by any policing authority, but excluding any occurrence where the duration of such prevention or hindrance of us[e] is less than 4 hours, shall be understood to be loss resulting from damage to property used by the Insured at the premises provided that i) The Maximum Indemnity Period is limited to 3 months, and (ii) The liability of the Insurer for any one claim in the aggregate during any one Period of Insurance shall not exceed£500,000 .”
"So far as the High Court is concerned, puisne judges are not technically bound by decisions of their peers, but they should generally follow a decision of a court of co-ordinate jurisdiction unless there is a powerful reason for not doing so."
“The UK Government is a government, governmental authority or agency, public authority … and/or statutory authority within the different wording to this effect in [various] Wordings”
“Various enactments were passed in the nineteenth and twentieth centuries providing for the establishment of police forces comprising constables appointed in the manner laid down in the relevant enactment, and the organised police force was thus superimposed on the office of constable. Powers were not conferred on members of police forces as such, but a member of a police force maintained for a police area and every special constable appointed for a police area is, on appointment, attested as a constable by making a declaration, and a member of a police force now has all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters and not merely within his own area. The authority of a member of a police force arises directly from his attestation and his status is derived from that of the common law constable.”
“Any person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.”
“a person responsible for carrying on a business or providing a service which is listed in Schedule 2 must cease to carry on that business or to provide that service during the emergency period.”
“PREVENTION OF ACCESS (NON DAMAGE) Under Business Interruption loss following interference with the Business carried out by the Insured in consequence of action by the Police or other Statutory Authority following danger or disturbance within 1 mile of the Premises which shall prevent or hinder use of the Premises or access thereto or, interference with the Business carried out by the Insured. Provided that the Company shall not be liable under this extension for more than the amount shown against this extension in the Schedule. Subject to the terms, Conditions, limits and Exceptions of this Policy”
“This is your Commercial Combined Policy, a legal document which sets out the insurance cover you have requested and which we have agreed to provide. Like most commercial policies, the language of this Policy is quite formal. Please read it carefully, including the Schedule, and ensure you understand it fully. Please contact your insurance broker immediately if anything needs correcting, or if anything is not clear to you. The Policy has separate sections for the different types of cover you have purchased. In each section is an insuring clause which, with any Extensions, set out the initial scope of cover. Then there are Exceptions, which exclude certain elements of that cover. Finally there are Conditions, which contain important provisions which you should comply with in order to avoid potential problems. The policy has a "private dictionary" – words with a special meaning are listed in alphabetical order in the definitions section, and those words always appear with a capital letter. Also, there are some extensions, exceptions and conditions that apply to more than one Section, and to enable you to find the relevant clauses there are signposts where necessary.”
“Liberty Mutual Insurance Europe SE (hereinafter referred to as the Company) in consideration of the Insured having paid or agreed to pay the premium will, subject to the terms, Exceptions, Conditions, Endorsements, applicable Limits of Indemnity, Inner Limits of Indemnity (as shown in the Schedule) and Deductible(s) or Self-Insured Retention(s) of this Policy, indemnify the Insured against all sums that the Insured shall become legally liable to pay as stated in any operative Section of this Policy, which arises in connection with the Business.”
“Limit of Indemnity shall mean: (a) for the purposes of Sections 1 to 6, the total liability of the Company for all amounts payable in accordance with the Insuring Clause under these Sections for any loss or series of losses arising from any one occurrence as stated in the Schedule. For the avoidance of doubt the Limit of Indemnity is inclusive of the relevant Deductible stated in the Schedule. (b) for the purposes of Sections 7 to 9, the total liability of the Company for all amounts payable in accordance with the Insuring Clauses under these Sections, and shall not exceed the amount(s) stated in The Schedule. For the avoidance of doubt, for the purposes of Sections 7 to 9, the Limit of Indemnity is in addition to the relevant Self-Insured Retention stated in the Schedule.”
“This Section shall cover, in accordance with the Indemnity Agreement, Damage to any of the Property Insured for which a Limit of Indemnity or Inner Limit of Indemnity is stated in the Schedule. The Company will pay to the Insured the values of such property at the time of the Damage or the amount of the Damage or at the Company’s option reinstate or replace such Property Insured or any part thereof. Provided that the liability of the Company during any Period of Insurance shall in no case exceed, in respect of each Item, the relevant Inner Limit of Indemnity in the Schedule or in the aggregate any aggregate Limit of Indemnity in the Schedule.”
“In the event that any Building or other property, used in connection with the Business, has suffered Damage and as a result the Business carried on by the Insured is interrupted or interfered with, the Company will pay to the Insured in respect of each Item as stated in the Schedule the amount of loss resulting from such interruption or interference as calculated in accordance with the Basis of Cover Applicable to Section 2. Provided that: 1. at the time of the Damage, there shall be in force an insurance covering the Premises against such Damage and: a) payment has been made or liability shall have been admitted; or, b) liability would have been admitted but for the operation of a proviso in such insurance excluding liability for losses below a specified amount. 2. the liability of the Company under this Section shall not exceed: (a) the aggregate Limit of Indemnity as stated in the Schedule; (b) the relevant Limit of Indemnity remaining after deduction for any other interruption or interference occurring during the Period of Insurance, unless the Company shall have agreed to reinstate the Limit of Indemnity.”
“1. Loss following Damage to property and not otherwise excluded Loss resulting from interruption of or interference with the Business in consequence of Damage to property as specified below and occurring within the Geographical Limits shall not exceed: (i) the percentage of the total of the Limits of Indemnity or 133.33% of the Estimated Gross Profit; or, (ii) the Limit of Indemnity and Maximum Indemnity Period shown in the Schedule.” (i) the percentage of the total of the Limits of Indemnity or 133.33% of the Estimated Gross Profit; or, (ii) the Limit of Indemnity and Maximum Indemnity Period shown in the Schedule.”
“Proviso 1 in the Insuring clause to Section 2 shall not apply to the above Extensions”
“In the absence of written notice by the Company or the Insured to the contrary the insurance by Sections 1, 2 and 5 shall not be reduced by the amount of any loss and in consideration the Insured shall pay the appropriate extra premium on the amount of the loss from the date thereof to the date of the expiry of the Period of Insurance. This shall not apply to losses that are covered under Section 3.”
“Subject to the terms, Conditions, limits and Exceptions of this Policy”
“INFECTIOUS DISEASES (INCLUDING FOOD SAFETY ACT 1990)”
“Provided that this extension shall be limited to the amount stated in the Schedule for any one occurrence”
“Limit” and “Limit of Indemnity”
“Proviso 1 in the Insuring clause to Section 2 shall not apply to the above Extensions”
“16. SECTION 2 – PREVENTION OF ACCESS (NON DAMAGE) Section 2 is extended to include loss following interference with the Business carried out by the Insured in consequence of action by the Police or other Statutory Authority following danger or disturbance within 1 mile of the Premises which shall prevent or hinder use of the Premises or access thereto or, interference with the Business carried out by the Insured. Provided that the Company shall not be liable under this extension for more than the amount shown against this extension in the Schedule.”
“The Company’s Limit of Indemnity shall not exceed the limit stated in the Schedule”
“the Company shall not be liable for more than the Limit of Indemnity stated in the Schedule”
“In respect of Section 2 if the Business be conducted in departments the independent trading results for which are ascertainable the provisions of clauses (a) and (b) of Item 1. Gross Profit including Increase in Costs of Working – Declaration Linked Basis shall apply separately to each department affected by the Incident except that if the Declared Value by the said Item be less than the aggregate sums produced by applying the Rate of Gross Profit for each department of the business (whether affected by the Incident or not) to its relative annual Turnover (or to proportionately increased multiple thereof where the Maximum Indemnity Period exceeds twelve months) the amount payable shall be proportionately reduced.”
“Many businesses have two or more revenue earning departments and because they produce or sell different products or supply different services, their respective rates of gross profit may differ. These rates of gross profit earned by different departments may vary considerably, but in the event of an incident affecting the turnover of one or more of them the business interruption claim will in the normal terms of the specification be based on the rate of gross profit as specified in the policy, i.e. the average rate of the whole business. Consequently, if the incident were to interfere solely or mainly with a department earning a low ratio of profit the insured would be overindemnified. On the other hand, if it affected a department with a high profit ratio the insured would not receive a full indemnity … Moreover, after the incident has occurred efforts will be made to rehabilitate the business as quickly as possible, and trading may be re-established in some departments – possibly in temporary premises before it is in others, with the result that the shortage in turnover due to the incident will not be uniform throughout the different departments. If space is limited, then it would make sense to restore those departments with the highest profitability. Therefore, wherever there are sections of a business generating different gross margins, it is advisable to meet those circumstances.”
“Liberty Zeta Limited and Subsidiary Companies”
“The insurance by this Policy extends to pay the exceptional costs not otherwise covered herein necessarily and reasonably incurred by the Insured with the Company’s prior consent to prepare and verify the amount of claims admitted under this Policy in accordance with the Claims Conditions of this Policy. These costs shall not include the costs of negotiation of the claim with the Company or its representatives. The liability of the Company under the terms of this Condition shall not exceed the limit stated in the Schedule.”
“The liability of the Company under the terms of this Condition shall not exceed the limit stated in the Schedule.”
“All claims for Damage arising out of one occurrence or series of events arising out of one occurrence shall be adjusted as one claim …”
“Denial of Access This Section extends to include any claim resulting from interruption of or interference with The Business carried on by The Insured at The Premises in consequence of (a) Damage to other property within a five mile radius of The Premises which shall present or hinder the use of or access to The Premises whether The Premises or property of the Insured are damaged or not (b) action by the Police Authority and/or the Government or any local Government body or any other competent authority following danger or disturbance within a one mile radius of The Premises which shall prevent or hinder use of The Premises or access thereto (Emphasis supplied) (c) action by the Police Authority and/or the Government or any local Government body or any other competent authority following the suspected or actual presence of a harmful device on or in the vicinity of The Premises provided that the Police Authority shall be informed as immediately as the Insured become aware of the presence of such device (d) pollution of any sea beach waterway or river arising from a sudden identifiable unintended and unexpected incident occurring within a five mile radius of The Premises which takes place in its entirety at a specific time and place during the Period of Insurance which shall directly cause a reduction in Turnover Provided that 1.
“22. Notwithstanding anything contained herein to the contrary, the limit in respect of Section 2 – Particular Settlement Terms, Denial of Access:- Proviso (i) is amended in respect of (a) to GBP 1,000,000 and a maximum indemnity period of 3 months Proviso (ii) and (iii) are amended in respect of (b) and (c) to GBP 2,500,000 and a maximum indemnity period of 3 months.”
“6. In respect of Section 1 - Material Damage, racecourse turfs, golf greens, fairways, course drainage sprinkler systems and tees are restricted to Damage arising from fire, lightning, explosion, aircraft or other aerial devise or articles dripped therefrom, riot, civil commotion, strikers, locker-out workers, persons taking part in labour disturbances, malicious persons other than thieves and accidental damage caused by emergency service vehicles and is limited to GBP 50,000 any one loss. This limitation does not apply to the Tapeta surfacing at Newcastle or Wolverhampton racecourse. 7. Damage to golf green, fairways, course drainage sprinkler systems and tees includes the cost of repair following accidental damage caused by the misuse of fertilisers or pesticides, limited to GBP 20,000 in the aggregate. 8. In respect of Section 1 - Material Damage, Damage to landscaped pathways is restricted to Defined Perils (Liberty Standard Wording) as stated below and subject to a limit of GBP 50,000 each and every claim:- 9. Section 1 - Material Damage, Definitions, Contents is deemed to include Stock, cups and trophies, running rails, benches, and garden furniture, irrigation equipment, horse watering apparatus, ground keeping equipment, temporary security fencing and generators, electrical and plumbing equipment, trade contents, furniture including TV screens, advertising hoardings and computer equipment. Advertising hoardings are limited to GBP 100,000 any one loss. 14. This insurance includes the cost of re-erection and fixing of machinery and plant as a result of Loss or Damage subject to a limit of GBP 25,000 any one occurrence or series of events arising out of one occurrence. 20. It is noted and agreed that Section 1 - Particular Settlement Terms, Metered Water is deleted and replaced with the following Metered Utility Costs damage & Unauthorised Use The Insurance by Item B includes loss of metered water, electricity, gas, oil, telecommunication services and or other metered supply services at the Premises for which the Insured is legally responsible to the supplier and for the unauthorised use by third Pprties of such series during the Period of Insurance and for which the Insured is held legally responsible to the supplier for such costs subject to the Insurers liability not exceeding GBP 50,000 any one occurrence or series of events arising out of one occurrence. 26. Section 2 is extended to include Injury to any Employee as follows: … The maximum the Insurers will pay in respect of any one claim is GBP 10,000. 28. Excesses Section 1 and 2 combined are reduced to GBP 1,000 any one loss in respect of loss or Damage to mobile telephones and portable computer equipment.”
“Combined Insurance”, started as follows: “IN CONSIDERATION OF the Insured named in The Schedule having paid or agreed to pay the premium, the Insurer agrees to provide the insurance described in this Certificate subject to the Terms and Conditions for the Period of Insurance stated in The Schedule Unless stated otherwise the Insurer will not pay more than the Sums Insured Compensation or Limits of Indemnity in any one Period of Insurance”
“The Premises - any premises owned occupied or used by the Insured or where goods or records are stored or worked upon or services provided by others on behalf of the Insured anywhere in Great Britain Northern Ireland the Channel Islands or the Isle of Man including whilst in transit in Great Britain Northern Ireland the Channel Islands or the Isle of Man”
“E. Additional Increase in Cost of Working The insurer will pay as indemnity the additional expenditure beyond that recoverable under other Items necessarily incurred in consequence of the Damage for the purpose of maintaining The Business during the Indemnity Period provided that the Insurer’s liability in respect of loss shall not exceed the amount stated in The Specification. Claims Preparation Clause Notwithstanding anything contained herein to the contrary this Certificate is extended to pay the exceptional costs not otherwise covered herein necessarily and reasonably incurred by the Insured with the Insurer’s prior consent to prepare and verify the amount of claims admitted under this Certificate in accordance with the claims conditions of this Certificate where such claims are in excess of GBP 50,000 above the applicable deductible. These costs shall not include the cost of negotiation of the claim with the Insurer or its representatives. The liability of the Insurer under the terms of this Condition shall not exceed GBP 50,000 in respect of any one claim or series of claims arising from a single occurrence.”
“GROSS PROFIT INCLUDING INCREASE IN COST OF WORKING Under Business Interruption the insurance under this Item is limited to loss of Gross Profit due to a) Reduction In Turnover and b) Increase In Cost of Working and the amount payable as indemnity thereunder shall be: a) In respect of Reduction In Turnover the sum produced by applying the Rate of Gross Profit to the amount by which the turnover during the Indemnity Period shall in consequence of the Incident fall short of the standard turnover; b) In respect of Increase In Cost Of Working the additional expenditure (subject to the provisions of the uninsured standing charges clause) necessarily and reasonably incurred for the sole purpose of avoiding or diminishing the reduction in turnover which but for that expenditure would have taken place during the Indemnity Period in consequence of the Incident but not exceeding the sum produced by applying the Rate of Gross Profit to the amount of the reduction thereby avoided; less any sum saved during the Indemnity Period in respect of such of the charges and expenses of the business payable out of Gross Profit as may cease or be reduced in consequence of the Incident;”
“I wanted to bring everyone up to date with the national fight back against the new coronavirus and the decisions that we’ve just taken in COBR for the whole of the UK. … Today, we need to go further, because according to SAGE it looks as though we’re now approaching the fast growth part of the upward curve. And without drastic action, cases could double every 5 or 6 days. So, first, we need to ask you to ensure that if you or anyone in your household has one of those two symptoms, then you should stay at home for fourteen days. That means that if possible you should not go out even to buy food or essentials, other than for exercise, and in that case at a safe distance from others. If necessary, you should ask for help from others for your daily necessities. And if that is not possible, then you should do what you can to limit your social contact when you leave the house to get supplies. And even if you don’t have symptoms and if no one in your household has symptoms, there is more that we need you to do now. So, second, now is the time for everyone to stop non-essential contact with others and to stop all unnecessary travel. We need people to start working from home where they possibly can. And you should avoid pubs, clubs, theatres and other such social venues. It goes without saying, we should all only use the NHS when we really need to. And please go online rather than ringing NHS 111. Now, this advice about avoiding all unnecessary social contact, is particularly important for people over 70, for pregnant women and for those with some health conditions.”
“…We are collectively telling, telling cafes, pubs, bars, restaurants to close tonight as soon as they reasonably can, and not to open tomorrow. Though to be clear, they can continue to provide take-out services. We’re also telling nightclubs, theatres, cinemas, gyms and leisure centres to close on the same timescale. Now, these are places where people come together, and indeed the whole purpose of these businesses is to bring people together. But the sad things is that today for now, at least physically, we need to keep people apart. And I want to stress that we will review the situation each month, to see if we can relax any of these measures. And listening to what I have just said, some people may of course be tempted to go out tonight. But please don’t.”
“This week, the Government has taken unprecedented steps to fight the coronavirus. We have closed schools. We have told people to stay at home to prevent the spread of infection. We are now closing restaurants and bars. Those steps are necessary to save lives. But we don’t do this lightly – we know those measures will have a significant economic impact. I have a responsibility to make sure we protect, as far as possible, people’s jobs and incomes. Today I can announce that, for the first time in our history, the government is going to step in and help to pay people’s wages.”
“Introduction 1 This Schedule sets out a scheme to be known as the Coronavirus Job Retention Scheme (“CJRS”). Purpose of scheme 2.1 The purpose of CJRS is to provide for payments to be made to employers on a claim made in respect of them incurring costs of employment in respect of furloughed employees arising from the health, social and economic emergency in the United Kingdom resulting from coronavirus and coronavirus disease. 2.2 Integral to the purpose of CJRS is that the amounts paid to an employer pursuant to a claim under CJRS are only made by way of reimbursement of the expenditure described in paragraph 8.1 incurred or to be incurred by the employer in respect of the employee to which the claim relates. 2.3 The claim must be made in such form and manner and contain such information as HMRC may require at any time (whether before or after payment of the claim) to establish entitlement to payment under CJRS. 2.4 Before making payment of a CJRS claim, HMRC must, by publicly available guidance, other publication generally available to the public, or such other means considered appropriate by HMRC, inform a person making a CJRS claim that, by making the claim, the person making the claim accepts that: a) a payment made pursuant to such claim is made only for the purpose of CJRS (and in particular as provided by paragraph 2.2), and b) the payment must be returned to HMRC immediately upon the person making the CJRS claim becoming unwilling or unable use the payment for the purpose of CJRS. 2.5 No CJRS claim may be made in respect of an employee if it is abusive or is otherwise contrary to the exceptional purpose of CJRS. Qualifying employers 3.1 An employer may make a claim for a payment under CJRS if the following condition is met. 3.2 The employer must have a pay as you earn (“PAYE”) scheme registered on HMRC’s real time information system for PAYE on19 March 2020 (“a qualifying PAYE scheme”). … Qualifying costs 5 The costs of employment in respect of which an employer may make a claim for payment under CJRS are costs which: a) relate to an employee (i) to whom the employer made a payment of earnings in the tax year 2019-20 which is shown in a return under Schedule A1 to the PAYE Regulations that is made on or before a day that is a relevant CJRS day, (ii) in relation to whom the employer has not reported a date of cessation of employment on or before that date, and (iii) who is a furloughed employee (see paragraph 6), and b) meet the relevant conditions in paragraphs 7.1 to 7.15 in relation to the furloughed employee. Furloughed employees 6.1 An employee is a furloughed employee if: a) the employee has been instructed by the employer to cease all work in relation to their employment, b) the period for which the employee has ceased (or will have ceased) all work for the employer is 21 calendar days or more, and the instruction is given by reason of circumstances arising as a result of coronavirus or coronavirus disease. … 6.7 An employee has been instructed by the employer to cease all work in relation to their employment only if the employer and employee have agreed in writing (which may be in an electronic form such as an email) that the employee will cease all work in relation to their employment. 6.8 Training activities directly relevant to an employee’s employment agreed between the employer and the employee before being undertaken must be disregarded for the purposes of paragraph 6.1(a). Qualifying costs – further conditions 7.1 Costs of employment meet the conditions in this paragraph if: a) they relate to the payment of earnings to an employee during a period in which the employee is furloughed, and b) the employee is being paid (i)£2500 or more per month (or, if the employee is paid daily or on some other periodic basis, the appropriate pro-rata), or (ii) where the employee is being paid less than the amounts set out in paragraph 7.1(b)(i), the employee is being paid an amount equal to at least 80% of the employee’s reference salary. … Expenditure to be reimbursed 8.1 Subject as follows, on a claim by an employer for a payment under CJRS, the payment may reimburse: a) the gross amount of earnings paid or reasonably expected to be paid by the employer to an employee b) any employer national insurance contributions liable to be paid by the employer arising from the payment of the gross amount c) the amount allowable as a CJRS claimable pension contribution. 8.2 The amount to be paid to reimburse the gross amount of earnings must (subject to paragraph 8.6) not exceed the lower of: a)£2,500 per month, and b) the amount equal to 80% of the employee’s reference salary (see paragraphs 7.1 to 7.15). 8.3 The amount to be paid to reimburse any employer national insurance contributions must not exceed the amount of employer’s contributions that would have been assessed on the amount of gross earnings being reimbursed under CJRS. 8.4 The total amount to be paid to reimburse any employer national insurance contributions must not exceed the total amount of employer’s contributions actually paid by the employer for the period of the claim. 8.5 For the purposes of CJRS, “employer national insurance contributions” are the secondary Class 1 contributions an employer is liable to pay as a secondary contributor in respect of an employee by virtue of sections 6 and 7 of theSocial Security Contributions and Benefits Act 1992 (“SSCBA”) or sections 6 and 7 of theSocial Security Contributions and Benefits (Northern Ireland) Act 1992 (“SSCB(NI)A”). 8.6 No claim under CJRS may include amounts of specified benefits payable or liable to be payable in respect of an employee (whether or not a claim to the relevant specified benefit is actually made) during the employee’s period of furlough and the gross amount of earnings falling for reimbursement as described in paragraph 8.2 must be correspondingly reduced. … Duration of CJRS 12 CJRS has effect only in relation to amounts of earnings paid or payable by employers to furloughed employees in respect of the period beginning on1 March 2020 and ending on31 May 2020 and employer national insurance contributions and directed pension payments paid or payable in relation to such earnings.”
“Any costs normally payable out of Turnover (except depreciation) as may cease or be reduced during the Indemnity Period as a consequence of the Covered Event”
“In my judgment, employment costs were at least ‘reduced’ pro tanto by reason of the payment of corresponding amounts under the CJRS. I consider that the natural meaning of the definition, including its savings clause, is that it is referring to costs to the business. Insofar as such costs were defrayed by the government, I consider that they were ‘reduced’. That, in my view, reflects the net financial effect of payments under the CJRS and the commercial reality.”
“…The question, then, is as follows: assuming that Meridian is able to establish on evidence that the insured peril in cl 8(c) is a proximate cause of its loss (as to which, see PJ [481], [485] – [498]), were the JobKeeper payments made and received “in consequence of” the interruption or interference (that is, the interruption or interference resulting from the insured peril in cl 8(c))? As a matter of the application of the policy’s provisions, they were not. The criteria for eligibility for JobKeeper payments were financial ones; they did not depend on whether or not there had been an outbreak within 20 km of the premises of the business. Meridian was entitled to the JobKeeper payments regardless of whether or not there was an outbreak within 20 km of its premises. Conversely, had Meridian not met the financial tests for JobKeeper, it would not have been entitled to JobKeeper payments, even if the insured peril in cl 8(c) occurred. …”
“As noted above, s. 28 of the 2020 Act deals with the establishment of the TWSS which is plainly one of the extraordinary measures contemplated by the recital quoted above. The TWSS was expressly designed to mitigate the adverse economic consequences of the disruption to business caused by the pandemic. As previously noted, it was introduced in lockstep with the ongoing closure orders which had immediate adverse economic impacts on businesses including public houses. Section 28(2)(a) provided that s. 28 should apply where:- “the business of an employer has been adversely affected by Covid-19 to a significant extent with the result that the employer is unable to pay to a specified employee the emoluments the employer would otherwise have normally paid to him or her”.”
“Here, the relevant chain of events in respect of the savings is easily mapped. First, there were the outbreaks of COVID-19 within the 25 mile radii; second, there were the series of Government closures, each of which was concurrently proximately caused by each of those outbreaks and by all outbreaks outside those radii; third, the 2020 Act was enacted to address the economic fallout from the restrictions and closures imposed by the Government as a consequence of the outbreaks. While s. 28 of the 2020 Act may be said to have been intended to apply more widely than in the context of closures, it could not plausibly be suggested that the closures in place at the time of its enactment (and which were expected to continue thereafter) were not a proximate cause of the TWSS scheme established under the section. Given that those closures were proximately caused by the outbreaks within the 25 mile radii, it follows that the savings available under the TWSS were proximately caused by the insured peril. Furthermore, there can be no question but that the payments were made “in respect of … the charges and expenses of the business payable out of gross profit” to quote the language of the savings clause. The payments were made solely in respect of the salaries and wages of employees and they were accordingly made in respect of the expenses of the business payable out of gross profits. It follows that all of the conditions of the savings clause have been satisfied in respect of the TWSS payments. I am therefore of the view that the payments fall to be deducted under the savings clause.”
“S/30/1 Endanger Life or Property Denial of Access Endanger Life or Property Any claim resulting from interruption of or interference with the Business as a direct result of an incident likely to endanger human life or property within 1 mile radius of the premises in consequence of which access to or use of the premises is prevented or hindered by any policing authority, but excluding any occurrence where the duration of such prevention or hindrance of us[e] is less than 4 hours, shall be understood to be loss resulting from damage to property used by the Insured at the premises provided that i) The Maximum Indemnity Period is limited to 3 months, and ii) The liability of the Insurer for any one claim in the aggregate during any one Period of Insurance shall not exceed£500,000 ”
“… should be given the same essential meaning as “an event”: something which happens at a particular time, at a particular place, in a particular way”
“an instance of something happening; an event or occurrence”
“… the presence of someone within the one-mile radius or in the vicinity of the premises who had Covid-19 could not possibly be described as “an incident”
“It is no answer for the FCA to say that there is an incident if someone with Covid-19 is present within the one-mile radius. As Mr Gaisman QC [counsel for the Hiscox insurers] said, that person might or might not know that he or she had Covid-19 and, in any event, it is a misnomer to describe the presence of someone in the radius with the disease as “an incident” for the purposes of the clause.”
“The national COVID-19 pandemic was not and is not an “incident” and nor is it “an incident occurring…within a one mile radius of the insured premises” (Hiscox1-2 and Hiscox4) nor “an incident occurring…within the vicinity of the premises” (Hiscox2). Nor is there an “incident” if someone infected with COVID-19 so that it is diagnosable is present within a one mile radius (Hiscox1-2 and Hiscox 4) or vicinity (Hiscox2).”
“an emergency threatening life or property in the vicinity of the Premises”
“To control, regulate, or keep in order by means of a police force or similar body; to provide with a police force.”
“One then moves on to the construction points. Here the most powerful points – and the ones which unequivocally supports the Claimants' position, are the facts that: i) The Policy refers to cover in respect of “interruption and interference with the business where access to your Premises is restricted …”; ii) The premises were in different locations and could well be differently affected by a danger triggering cover. Mr Gruder's nuclear incident in Central London would leave Café Wolseley at least untouched. Further, as he pointed out, closures from two suspicious vehicles (one near the Delaunay and one near the Wolseley) must be seen on any analysis as two separate incidents which would naturally give rise to two claims; and there is no logical distinction if it is the same car, equidistant from the two venues which closes both premises. The word “premises” points to each restaurant/café and that distinction illuminates how a separation of interests may well operate – and that in turn points to separate limits. That then harmonises with the fact of different named insureds and the separate interests which underpin a composite policy.” i) The Policy refers to cover in respect of “interruption and interference with the business where access to your Premises is restricted …”; ii) The premises were in different locations and could well be differently affected by a danger triggering cover. Mr Gruder's nuclear incident in Central London would leave Café Wolseley at least untouched. Further, as he pointed out, closures from two suspicious vehicles (one near the Delaunay and one near the Wolseley) must be seen on any analysis as two separate incidents which would naturally give rise to two claims; and there is no logical distinction if it is the same car, equidistant from the two venues which closes both premises. The word “premises” points to each restaurant/café and that distinction illuminates how a separation of interests may well operate – and that in turn points to separate limits. That then harmonises with the fact of different named insureds and the separate interests which underpin a composite policy.”
“In fact, the principle is of older vintage since, as Ms Prevezer KC pointed out, it was addressed by Brightman LJ (as he then was) in East v Pantiles (Plant Hire) Ltd: [1982] 1 WLUK 562, as follows: “Two conditions must be satisfied: first there must be a clear mistake on the face of the instrument; secondly it must be clear what correction ought to be made in order to cure the mistake. If those conditions are satisfied, then the correction is made as a matter of construction. If they are not satisfied then either the claimant must pursue an action for rectification or he must leave it to a court of construction to reach what answer it can on the basis that the uncorrected wording represents the manner in which the parties decided to express their intention.””
‘Food Safety Act 1990 Compensation Costs’