The death of the Orient-Express: a new train of thought on proximate cause?


On 15 January 2021, the Supreme Court held in the FCA Test Case that the Orient-Express Hotels case had been wrongly decided.  Proximate cause has long been an issue that the courts have grappled with and as a result this has caused confusion and uncertainty throughout the insurance industry. In this webinar, Jeff Heasman will use his vast experience as a lecturer in tort law and insurance law to strip proximate cause back to the basic principles, trace its development up until the Supreme Court decision on 15 January 2021 and then provide views on what impact the decision will have on underwriting considerations going forward.  


By the end of the session, participants will be able to:

Understand the principles of proximate cause and the “but for” test.

Recognise why the Supreme Court thought it right to overrule the decision in Orient-Express Hotels Ltd.

Implement a strategy around how the judgment of the Supreme Court will impact underwriting considerations going forward.

Session Length:  1 hour