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Conclusions
Final matters
I will hand down this judgment remotely and deal with any consequential matters thereafter.
It remains only for me to thank the parties’ legal teams for the helpful and sensible way in which this preliminary issue trial was conducted and the skill with which the various points were argued, both on paper and orally.
- Heading
- Sean O'Sullivan KC (sitting as a Deputy Judge of the High Court)
- The background and the procedural history
- The present issues
- The Policy
- The Spreadsheet
- The correct approach to construing the Policy
- Issue 2: actions of a “ competent authority ”
- Agreed facts
- The Cs’ submissions
- The U/Ws’ submissions
- Relevant authorities
- Discussion
- Issues 8 and 8A: the “any one loss” limit
- The Cs’ submissions
- The U/Ws’ submissions
- Relevant authorities
- Discussion: stage 1 (the BI cover more generally)
- Discussion: stage 2 (loss = loss calculation)
- Discussion: stage 3 (per affected race)
- Discussion: stage 4 (per premises)
- Discussion: stage 5 (relevant measures or actions)
- Conclusions on issues 8 and 8A
- Issue 11: the arbitration clause
- The Cs’ submissions
- The U/Ws’ submissions
- Relevant authorities
- Discussion
- Conclusions