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By brocs1, Dec 7 2020 12:36PM

The Competition Markets Authority (CMA) issues new warnings to wedding firms in relation to their refund policies for those whose big day has been affected by Covid-19. Although only a Court can decide how the law applies in each case the CMA guidance and statement may assist as many couples have not been able to get married as planned this year.

The current guidance is that:

• Businesses should NOT make deductions from refunds unless they can prove that costs have been incurred directly for the wedding in quest AND there is proof of the breakdown of such costs. Cases should be assessed on a case by case basis however a benchmark MAXIMUM deduction has been considered to be 37.2% .If the contract relates to venue hire ONLY the CMA does not expect any deductions

• There should be no additional charges where couples voluntarily agree to reschedule their wedding to a ‘comparable date and service”, as opposed to seeking a refund

• businesses need to meet their legal obligations promptly and should not unreasonably delay or refuse to provide refunds to couples when they are due

If your big day has been affected by Covid-19 and you are facing an uphill battle to get a refund OR your venue are suggesting you should pay more to move your date, please contact our specialist Dispute Resolution team to discuss your consumer rights on 0800 567 7595 or email [email protected]

By brocs1, Oct 5 2020 10:13AM

This week, 2nd October 2020, sees a High Court hearing, to consider any applications to appeal from Insurance Companies regarding pay-outs to businesses in connection with business interruption insurance policies, following the Covid-19 pandemic.

Many businesses have made claims to their insurance companies during the Covid -19 pandemic, for loss of income and many are reliant on a pay-out to keep them afloat. The claims are for loss of income, due to the closure of their business during the pandemic and lockdown. The Financial Conduct Authority (FCA) is representing policy holders in this landmark case and obtained judgement against certain insurance companies in the High Court in September 2020, which was ruled on sample business interruption contracts.

The eight defendant insurers are Arch, Argenta, Ecclesiastical, Hiscox, MS Amln, QBE, RSA and Zurich. Insurers argue that they should not be required to pay claims where firms chose to close due to the pandemic rather than being legally required to shut.

There is expected to be around 370,000 claims to be affected by this outcome. If the High Court does grant permission to an appeal at the upcoming hearing this week, the case is expected to go to the Court of Appeal and then straight to the Supreme Court, which could be heard before Christmas.

If you have been affected by this and need some advice, please contact Summerfield Browne Solicitors on 0800 567 7595 or email us on [email protected]

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