![CL-2023-000064 - [2025] EWHC 1870 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
The present issues
The present issues
As a result, at the present trial, I am asked to decide the following:
whether measures put in place by the BHA and the GBGB are actions of a “competent authority” for the purposes of the denial of access extension (i.e. issue 2 on the Agreed List);
how the “any one loss” limit applies (issues 8 and 8A); and
an issue as to the operation of the arbitration agreement in the Policy (issue 11).
I will first say a little about the Policy and the general approach which I will take to construing the same, before taking each of those topics in turn.
- 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