Active Case Management

All trials and interlocutory applications are heard by a High Court Judge or Deputy High Court judge designated to the Court on the basis of their expertise. There remains a strong emphasis on active judicial case management, with Commercial Court judges presiding over all aspects of the dispute from the initial establishment of the court’s jurisdiction through to post-trial issues. An example of the Court’s pro-active approach to case management can be seen in its approach to test and grouped cases – most recently in relation to COVID cases (see below).

Urgent Interim Relief

The Commercial Court has played a central role in the development of urgent interim relief in commercial proceedings, principally ‘freezing’ injunctions (to prevent the dissipation of assets prior to judgment or prior to the enforcement of a judgment) and anti-suit injunctions (to stop a party taking steps to pursue proceedings in another jurisdiction in breach of contract). Both forms of relief have been developed in cases before the Commercial Court.

The possibility of seeking urgent relief in aid of a pending claim contributes to the popularity of the Commercial Court as a forum for commercial litigants. Commercial Court judges are able to hear urgent applications for interim relief at short notice and, where appropriate, grant such injunctive relief. The Commercial Court Guide (PDF) has a specific section (F.14) setting out detailed guidance about such applications.

Shorter and Flexible Trials and Expedition

The Commercial Court seeks to adapt itself to the needs of its users and understands that faster resolution is often desired by litigants. To that end, it has a Shorter Trials Scheme and a Flexible Trials Scheme (external link) that are designed to allow trials to be heard more quickly and in a manner that is appropriate for the specific case at hand.

The Shorter Trials Scheme is in place for cases which can be heard in no more than four court days and is intended to determine disputes within a year of issue of the claim.

The Flexible Trials Scheme is intended to allow parties to adapt trial procedure to suit the case at hand. For example, parties might agree that certain issues do not require oral evidence. This can shorten the time frame to final determination.

In addition to these dedicated schemes, court users can apply to seek expedition of their case if they consider this necessary. The basis upon which requests for expedition are considered is explained in detail in the Commercial Court Guide (PDF) at F3.2 and J1.3.

Test and grouped cases (including COVID-19 BII cases)

The Commercial Court seeks to actively manage suitable sets of cases either via a test case or a sub-list of cases where linked cases can be managed together. Input from parties who consider that they have a case suitable for such treatment is welcomed.

COVID-19 BII cases

Solicitor details are given below for live cases to enable parties with a potential linked case to contact those involved in current cases with the same issues.

Following the FCA test case (FCA v Arch [2020] EWHC Comm 2448, [2021] UKSC 1 (external link) the Court has monitored COVID-19 Business Interruption cases under a sub-list directed from 11 May 2023 by Jacobs J.

Decided cases

Since the FCA test case, there have been a large number of Covid-19 BII cases decided by the Commercial Court and the Court of Appeal. This webpage has previously given details as to the history of these cases, and the solicitors involved. However, in view of the large number of publicly available judgments, this is no longer considered necessary. The principal cases are as follows:

Supreme Court:

FCA v Arch [2021] UKSC 1 (external link)

Judgment is also awaited on issues concerning furlough payments in Gatwick Investment Ltd T/A Crowne Plaza London Gatwick Airport and others v. Liberty Mutual Insurance Europe SE which was argued in February 2026.

Court of Appeal (all external links):

Commercial Court (all external links):

Current cases

There are currently a large number of Covid-19 Business Interruption cases where proceedings have been issued, but which have not reached the stage of a Case Management Conference. In many of these cases, the parties have agreed extended timetables for the service of pleadings and/or a stay of proceedings, in order to facilitate resolution without the need for hearings. The court is aware that settlements have been achieved in many cases where proceedings have previously been issued. The Court will not ordinarily publish details of the commencement or progress of cases until there has been a case management conference.

There are currently four cases or groups of cases that have progressed to the CMC stage and have received directions for trial. These are as follows:

Gatwick Investment and others

CL-2022-000360 – Gatwick Investment Ltd T/A Crowne Plaza London Gatwick Airport and others v. Liberty Mutual Insurance Europe SE

The trial of the remaining issues in the litigation, including as to the number of occurrences and quantum, is scheduled for 4 days in May 2026. (There is a separate appeal on issues of furlough heard by the Supreme Court in February 2026). The other cases that were previously being managed with the Gatwick case have been resolved.

Edwin Coe LLP represent the Claimants and DAC Beachcroft LLP represent the Defendants.

Nibsys Ltd and others

CL-2023-000538 – Nibsys Limited and others v. Allianz Insurance Plc.

This case is managed with: CL-2023-000522, CL-2023-000537, CL-2023-000570, CL-2023-000614, CL-2023-000654

The next CMC is scheduled for November 2026. The trial of all issues is scheduled for June 2027. There are a large number of issues. In broad terms, each Claimant is put to proof that Covid-19 had occurred at their premises at any material time, that any such occurrence was causative of each of the governmental restrictions relied on and as to the nature and extent of their indemnifiable losses. There is also an issue as to whether certain Claimants have complied with Policy conditions. Expert evidence is to be given on issues of epidemiology, statistics and the quantum of the various claims.

Barings Law represent the Claimants and DAC Beachcroft LLP the Defendants.

Innventure Ltd and others

CL-2023-000589 – Innventure Limited and others v. The National Farmers Union Mutual Insurance Society Limited

This case is managed with: CL-2024-000309

The trial of various preliminary issues is scheduled for November 2026. In broad terms, the insurers deny that, even if there was a case of Covid-19 in the immediate vicinity of or within a 1 mile radius of each of the Claimants’ premises, there was an ‘incident’ within the meaning of an “Action of Competent Authority – Prevention of Access” extension to the policy. There also disputes as to the proper construction of the Additional Increase Cost of Working clause in the policy. The preliminary issues focus on issues of construction and implied terms.

Barings Law represents the Claimants and DWF LLP the Defendants.

Balliol College and other Oxford University colleges

CL-2025-000368 – The Master and Scholars of Balliol College in the University of Oxford and others v. Aviva Insurance Limited

A preliminary issue trial is scheduled for October 2026. The issues concern the construction of a disease clause, a trends clause and an Additional Increase Cost of Working clause in the policy.

Mishcon de Raya LLP represent the Claimants and Holman Fenwick Willan LLP the Defendants.

If the above list omits any cases which have reached the stage of a CMC, practitioners are encouraged to inform the clerk to Mr Justice Jacobs (Deborah.Coverley1@justice.gov.uk).

The Court also encourages parties to other cases involving COVID-related issues (including s. 13A Insurance Act) to identify them to Commercial Court Listing, for the Court to consider whether any further coordinated case management is appropriate.