2TG (2 Temple Gardens)

𝗖𝗵𝗮𝗿𝗹𝗲𝘀 𝗗𝗼𝘂𝗴𝗵𝗲𝗿𝘁𝘆 𝗞𝗖 𝗮𝗻𝗱 𝗧𝗶𝗺𝗼𝘁𝗵𝘆 𝗞𝗶𝗹𝗹𝗲𝗻 𝘀𝘂𝗰𝗰𝗲𝘀𝘀𝗳𝘂𝗹 𝗶𝗻 𝗟𝗮𝘁𝗲𝘀𝘁 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹 𝗖𝗼𝘃𝗶𝗱-𝟭𝟵 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝗜𝗻𝘁𝗲𝗿𝗿𝘂𝗽𝘁𝗶𝗼𝗻 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗝𝘂𝗱𝗴𝗺𝗲𝗻𝘁: 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗘𝗻𝘁𝗲𝗿𝘁𝗮𝗶𝗻𝗺𝗲𝗻𝘁 𝗛𝗼𝗹𝗱𝗶𝗻𝗴𝘀 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 & 𝗢𝘁𝗵𝗲𝗿𝘀 𝘃 𝗔𝗹𝗹𝗶𝗮𝗻𝘇 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗣𝗹𝗰 [𝟮𝟬𝟮𝟰] 𝗘𝗪𝗖𝗔 𝗖𝗶𝘃 𝟭𝟮𝟴𝟭.   In January 2024 Jacobs J handed down a combined judgment in seven actions considering various issues arising in claims for business interruption cover as a result of the Covid-19 pandemic. The claims all related to non-damage denial of access clauses in various commercial insurance policies (𝘎𝘢𝘵𝘸𝘪𝘤𝘬 𝘐𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵 𝘷 𝘓𝘪𝘣𝘦𝘳𝘵𝘺 𝘔𝘶𝘵𝘶𝘢𝘭 𝘐𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘚𝘌 [2024] EWHC 124 (Comm) https://lnkd.in/eStuJ9B7)   Charles Dougherty KC and Timothy Killen acted in those proceedings for Allianz PLC in the 𝘐𝘯𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘌𝘯𝘵𝘦𝘳𝘵𝘢𝘪𝘯𝘮𝘦𝘯𝘵 𝘏𝘰𝘭𝘥𝘪𝘯𝘨𝘴 action which concerned a clause which provided cover for “𝘈𝘯𝘺 𝘤𝘭𝘢𝘪𝘮 𝘳𝘦𝘴𝘶𝘭𝘵𝘪𝘯𝘨 𝘧𝘳𝘰𝘮 𝘪𝘯𝘵𝘦𝘳𝘳𝘶𝘱𝘵𝘪𝘰𝘯 𝘰𝘧 𝘰𝘳 𝘪𝘯𝘵𝘦𝘳𝘧𝘦𝘳𝘦𝘯𝘤𝘦 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦 𝘉𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘢𝘴 𝘢 𝘥𝘪𝘳𝘦𝘤𝘵 𝘳𝘦𝘴𝘶𝘭𝘵 𝘰𝘧 𝘢𝘯 𝘪𝘯𝘤𝘪𝘥𝘦𝘯𝘵 𝘭𝘪𝘬𝘦𝘭𝘺 𝘵𝘰 𝘦𝘯𝘥𝘢𝘯𝘨𝘦𝘳 𝘩𝘶𝘮𝘢𝘯 𝘭𝘪𝘧𝘦 𝘰𝘳 𝘱𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘸𝘪𝘵𝘩𝘪𝘯 1 𝘮𝘪𝘭𝘦 𝘳𝘢𝘥𝘪𝘶𝘴 𝘰𝘧 𝘵𝘩𝘦 𝘱𝘳𝘦𝘮𝘪𝘴𝘦𝘴 𝘪𝘯 𝘤𝘰𝘯𝘴𝘦𝘲𝘶𝘦𝘯𝘤𝘦 𝘰𝘧 𝘸𝘩𝘪𝘤𝘩 𝘢𝘤𝘤𝘦𝘴𝘴 𝘵𝘰 𝘰𝘳 𝘶𝘴𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘱𝘳𝘦𝘮𝘪𝘴𝘦𝘴 𝘪𝘴 𝘱𝘳𝘦𝘷𝘦𝘯𝘵𝘦𝘥 𝘰𝘳 𝘩𝘪𝘯𝘥𝘦𝘳𝘦𝘥 𝘣𝘺 𝘢𝘯𝘺 𝘱𝘰𝘭𝘪𝘤𝘪𝘯𝘨 𝘢𝘶𝘵𝘩𝘰𝘳𝘪𝘵𝘺...”   Jacobs J found that the clause did not provide cover for Covid-19 business interruption loss on the grounds that a case of Covid-19 did not, without more, amount to an “incident”, and that central government or the Secretary of State for Health could not be a “policing authority”. The claim was therefore dismissed. The Claimants appealed, and Allianz cross-appealed on the issues concerning limits and corrective construction.   On appeal, although the reasoning differed slightly, the Court of Appeal essentially upheld Jacobs J’s conclusions on the interpretation of both “policing authority” and “incident”, as used in the clause, such that the claim remained dismissed. The issues on the cross-appeal therefore did not arise but, had they done so, Males LJ (with whose judgment the other members of the Court agreed) said that he would not have disturbed the judge’s decision on either issue.   The judgment is likely to be of particular interest to those insurers and policyholders with “policing authority” or “incident” wording, but also provides further useful general guidance to add to the ever-expanding collection of Covid-19 business interruption judgments.   The Court of Appeal’s judgment can be read in full here: https://lnkd.in/esHeyR-G Charles Dougherty KC and Timothy Killen were instructed by James Deacon and Hannah Stanford of DAC Beachcroft

We are delighted with our new Group Litigation coverage in Chambers and Partners 2025 and Legal 500 2025. It is great to see more of our barristers recognised in the research for their expertise. Our history in Group Litigation goes back years and our well-established and highly regarded barristers have been instructed in many of the leading actions in that time. For more information on our practice, please see here: https://lnkd.in/e9_6AqNG

𝟮𝗧𝗚 𝗦𝗲𝗺𝗶𝗻𝗮𝗿 - 𝗖𝗹𝗶𝗻𝗶𝗰𝗮𝗹 𝗡𝗲𝗴𝗹𝗶𝗴𝗲𝗻𝗰𝗲 𝗨𝗽𝗱𝗮𝘁𝗲 𝟮𝟬𝟮𝟰: 𝗠𝗮𝘅𝗶𝗺𝗶𝘀𝗶𝗻𝗴 𝗖𝗹𝗮𝗶𝗺𝘀, 𝗠𝗶𝗻𝗶𝗺𝗶𝘀𝗶𝗻𝗴 𝗣𝗿𝗼𝗯𝗹𝗲𝗺𝘀 BOOK YOUR PLACE! Join us for an in person seminar on Wednesday 13th November from 5.30pm at 2 Temple Gardens. Caroline Harrison KC, Harry Trusted, Robert Cumming and Harry Peto will provide a concise analysis of the latest developments in breach of duty, causation, fraud and quantum. This in person seminar is likely to be of most interest to those representing claimants. For further information and to book your free place, follow this link: https://lnkd.in/eveFmA2x

𝟮𝗧𝗚 𝗦𝗲𝗺𝗶𝗻𝗮𝗿 - 𝗧𝗿𝗮𝘃𝗲𝗹𝗹𝗶𝗻𝗴 𝗔𝗯𝗿𝗼𝗮𝗱 𝗳𝗼𝗿 𝗧𝗿𝗲𝗮𝘁𝗺𝗲𝗻𝘁: 𝗖𝘂𝗿𝗿𝗲𝗻𝘁 𝗜𝘀𝘀𝘂𝗲𝘀 𝗶𝗻 𝗠𝗲𝗱𝗶𝗰𝗮𝗹 𝗧𝗼𝘂𝗿𝗶𝘀𝗺 𝗖𝗹𝗮𝗶𝗺𝘀 BOOK YOUR PLACE! Join us for an in-person seminar on Wednesday 6th November from 5.30pm at 2 Temple Gardens. Marie Louise Kinsler KC, Helen Wolstenholme and Paige Mason-Thom will cover current legal and practical issues in medical tourism claims including jurisdiction (focussing on the circumstances in which claims relating to treatment abroad can be brought in the English courts), consent, standard of care and expert evidence. For further information and to book your free place, please click here: https://lnkd.in/eBUfXe5n

𝟮𝗧𝗚 𝗣𝗘𝗥𝗦𝗢𝗡𝗔𝗟 𝗜𝗡𝗝𝗨𝗥𝗬 𝗥𝗘𝗖𝗢𝗥𝗗𝗜𝗡𝗚 𝗧𝗵𝗲 𝗟𝗶𝗺𝗶𝘁𝘀 𝗼𝗳 𝗮𝗻 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿’𝘀 𝗡𝗼𝗻-𝗱𝗲𝗹𝗲𝗴𝗮𝗯𝗹𝗲 𝗗𝘂𝘁𝘆   Paige Mason-Thom considers the important, but often misunderstood, topic of non-delegable duty. Despite being a common concept in personal injury litigation – especially in cases involving an employer and their employee - non-delegable duties can be challenging to grasp. Join Paige in this short talk, as she explores what exactly a non-delegable duty is, when they arise and (crucially) when they don’t. 🎥 𝗟𝗶𝗻𝗸 𝘁𝗼 𝘃𝗶𝗱𝗲𝗼: https://lnkd.in/e6dXtgGG #PersonalInjury #EmployersLiability 2TG (2 Temple Gardens)

Delighted with our results in Chambers and Partners (2025 edition) with 93 individual rankings across 17 practice areas.   14 new entries across Clinical Negligence, Employment, Group Litigation, Insurance, International Arbitration, Personal Injury, Product Liability, Professional Negligence and Travel. 17 of our barristers moved up in the tables across Civil Fraud, Clinical Negligence, Commercial Dispute Resolution, Insurance, International Arbitration, Personal Injury, Product Liability, Property Damage, Sport and Travel   Thank you to our many clients for participating in the research and to James Cowdell and the team for all their work on this edition.   For further details on our rankings, please click here: https://lnkd.in/dqJgHXB #topranked #ChambersUKBar2025 #ChambersUK2025 #ChambersandPartners #legaldirectory #legalrankings #law #2TG #2TempleGardens 

We are delighted to welcome Kate Legh back to practice after a period of maternity leave. Kate’s practice focuses primarily on product liability, property damage, employment, clinical negligence, insurance and commercial disputes. Kate has recently been ranked as a leading junior in clinical negligence and a rising star in insurance and reinsurance in the Legal 500.

Calling all students! 2TG’s PNBA Executive Committee members, Harry Trusted, Helen Wolstenholme and Anna Hughes, are delighted to announce the launch of the Professional Negligence Bar Association (PNBA)’s essay competition. Aimed at law students interested in professional negligence law and who have not yet secured a pupillage or training contract, the competition will be judged by Baroness Carr, Lady Chief Justice of England and Wales and President of the PNBA. This year’s topic is, “General use of the six-stage test for negligence set out in MGT/Meadows [2021] UKSC 21 would clearly improve the law in this area” and the deadline is 5 November 2024. For further details, see https://lnkd.in/e_W8ABk2

𝗥𝗼𝗯𝗲𝗿𝘁 𝗖𝘂𝗺𝗺𝗶𝗻𝗴 𝗶𝗻𝘀𝘁𝗿𝘂𝗰𝘁𝗲𝗱 𝗶𝗻 𝗠𝗶𝗰𝗵𝗮𝗲𝗹 𝗖𝗵𝗲𝗶𝗸𝗮 𝗿𝘂𝗴𝗯𝘆 𝗱𝗶𝘀𝗰𝗶𝗽𝗹𝗶𝗻𝗮𝗿𝘆 𝗵𝗲𝗮𝗿𝗶𝗻𝗴. Robert Cumming was instructed by the RFU in disciplinary proceedings against Leicester Tigers head coach, Michael Cheika (formerly the Australia and Argentina head coach). The case arose out of comments made to the Independent Match Day Doctor after the Gallagher Premiership match between the Tigers and Exeter Chiefs on 21 September 2024. Mr Cheika was charged with conduct prejudicial to the Union and the Game and was banned for 2 matches (one suspended) after a hearing before a panel chaired by the RFU Head of Judiciary, Richard Whittam KC. Robert is a sports law and regulatory/disciplinary specialist and has represented both individuals and regulatory bodies before a wide variety of regulatory and disciplinary panels (particularly in the sporting and medical context).

𝟮𝗧𝗚 𝗣𝗘𝗥𝗦𝗢𝗡𝗔𝗟 𝗜𝗡𝗝𝗨𝗥𝗬 𝗥𝗘𝗖𝗢𝗥𝗗𝗜𝗡𝗚 𝗧𝗵𝗲 𝗜𝗺𝗽𝗮𝗰𝘁 𝗼𝗳 𝗦𝘁𝗮𝘁𝘂𝘁𝗼𝗿𝘆 𝗗𝘂𝘁𝗶𝗲𝘀 𝗼𝗻 𝗮𝗻 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿’𝘀 𝗗𝘂𝘁𝘆 𝗼𝗳 𝗖𝗮𝗿𝗲 Niazi Fetto KC assesses the state of the law 10 years on from the abolition of direct civil liability for breach of health and safety legislation. What duties do employers owe at common law where such legislation applies but is not directly enforceable? 🎥 𝗟𝗶𝗻𝗸 𝘁𝗼 𝘃𝗶𝗱𝗲𝗼: https://lnkd.in/eZsrvkpF #PersonalInjury #EmployersLiability #EmployersDutyofCare 2TG (2 Temple Gardens)