gunnercooke partner successfully represents Maddox in the Court of Appeal.

Luiz Costa, a dispute resolution partner gunnercooke, recently represented a nightclub client (Maddox) in the Court of Appeal.

The judgment was handed down by the Court on 6th September 2024 with Luiz’s client winning yet another round in the dispute with their insurers on the entitlement to receive payment as a result of the Covid-19 pandemic and the subsequent lockdowns. 

The case, grouped with five other claims given its importance to the insurance market, was reported by The Lawyer earlier this year as one of the top ten appeals of 2024 – the so-called ‘at the premises’ cases.

The Court of Appeal ruled that Maddox is entitled to an indemnity payment for the loss caused by the pandemic as prescribed by their policy.

On the important ruling, Luiz added: “It has been a great honour and privilege to be involved in this landmark case where our client’s interpretation of the ‘at the premises’ policy have been accepted by the Court of Appeal in England & Wales. Businesses of all sizes will now benefit from further clarity provided by this judgment in respect of their policies, and we may be witnessing changes in the wordings of such policies as a result of this Test Case.”

Luiz instructed Neil Fawcett of 18 St John Street Chambers as Counsel; whilst AXA was represented by DAC Beachcroft.

Due to the ruling, Luiz strongly recommends companies to review their business interruption policies to ascertain the potential to claim against their insurers for losses incurred during the pandemic. This is especially because it is likely that any such claims will be statute barred in/around February 2026.