DC Bars Ltd & Anor v QIC Europe Ltd [2023] EWHC 245 (Comm) (09 February 2023)

DC Bars Ltd & Anor v QIC Europe Ltd [2023] EWHC 245 (Comm) (09 February 2023)

The dispute is not merely as to the amount to be paid under the policy, but as to the Defendant's liability for further business interruption losses beyond the initial three-month indemnity period. Therefore, the arbitration clause does not apply and the proceedings should not be stayed.

Source-derived case information.

Citation
[2023] EWHC 245 (Comm)
Parties
Claimant: DC Bars Limited; Claimant: Tutton's Brasserie Limited; Defendant: QIC Europe Ltd
Jurisdiction
England and Wales
Judgment Date
09 February 2023
Procedural Posture
Commercial Court Claim / Application for Stay Pending Arbitration
Outcome
Application for stay dismissed
Legal Topics
Business Interruption Insurance, Arbitration Clauses, COVID 19 Claims, Policy Interpretation
Insurance Law Civil Procedure Business Interruption Insurance Arbitration Clauses COVID 19 Claims Policy Interpretation

Source-derived case record

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Parties

DC Bars Limited

Claimant

Tutton's Brasserie Limited

Claimant

QIC Europe Ltd

Defendant

Procedural Posture

Commercial Court Claim / Application for Stay Pending Arbitration

Legal Issues

  1. 1 Whether the dispute falls within the arbitration clause of the insurance policy
  2. 2 Whether the dispute is solely as to quantum or also as to liability under the policy

Ratio Decidendi

The dispute is not merely as to the amount to be paid under the policy, but as to the Defendant's liability for further business interruption losses beyond the initial three-month indemnity period. Therefore, the arbitration clause does not apply and the proceedings should not be stayed.

Court Disposition

Application for stay dismissed

Orders

  • Proceedings are not stayed; the dispute will proceed in court.