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UK Policy Holders Rejoice - English Supreme Court Favours FCA in COVID-19 Business Interruption Judgment Mason Hayes Curran

20 January 2021 The English Supreme Court has handed down judgment in appeals taken by the UK Financial Conduct Authority (FCA), and a number of insurers against last year’s decision of the English High Court in a case concerning the interpretation of various business interruption clauses. The Supreme Court substantially allowed all of the FCA’s appeals and dismissed those of the insurers. This is significant as it means that thousands of policy holders in the UK will now be able to access cover for business interruption losses arising from the COVID-19 pandemic. Background The FCA had taken the initial High Court case under the Financial Markets Test Case Scheme. It made arguments on behalf of groups of policyholders of business interruption cover. The aim of the case was to assist in the interpretation of business interruption clauses in claims arising from COVID-19 restrictions.

Regulatory Relief for Pensions? The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020 Mason Hayes Curran

14 January 2021 The Dáil recently passed a Bill which will provide some certainty and relief for both pension scheme members and pension providers if it is enacted in its current form. The Bill contains provisions which ensure that Irish individuals will not find that their personal information has been placed on a State maintained central register simply by virtue of the fact that they are a member of a pension scheme. As the Bill excludes pension schemes from registering on the central register and providing beneficial owner information, trustees will not be obliged to create and maintain their own internal registers.

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