At a hearing on 2 October 2020, the court made a number of
orders following on from its judgment.
The court granted "leapfrog" appeal certificates to
the FCA, to six of the insurers involved in the test case and to
one of the intervening policyholder action groups. This means that
these parties can now apply directly to the Supreme Court for
permission to appeal (bypassing the Court of Appeal).
An insurer, QIC Europe Limited, applied to join the test case as
a party so that it could participate in the appeal. The court
rejected this application.
The court has made a number of declarations as to the effect of
its judgment. These are not yet publicly available.
The FCA has said that is pressing on with the application to
appeal to the Supreme Court while continuing discussions with
insurers and action groups to find a solution that avoids the need
for appeal and enables pay-outs on eligible claims as quickly as
possible.
