Fantastic news from Wales!
We are thrilled to report that Mark and Rhian Philips, the co-owners of the Why Not Bar in Aberystwyth, have won an historic legal case as part of their continuing fight for £1.5m in compensation for losses caused by Covid lockdown closures.
The Appeal Court has ruled in favor of the couple, delivering what Excluded Scotland considers a “tremendous victory” after their four-year battle.
Mark and Rhian’s law firm, Hugh James, successfully represented the Why Not Bar, alongside five other test cases, in going to the Court of Appeal to get the insurers to pay up. The insurers had challenged payouts for premises ordered to close during the national lockdowns.
But the Court of Appeal sided with the policyholders and dismissed the insurers’ appeals. The judges ruled that the insurance clauses covering the “occurrence or manifestation of Covid-19” at the premises do provide cover for the affected businesses.
Mark and Rhian’s perseverance pay off. Mark described the huge emotional and financial strain of being refused insurance compensation, saying, “This judgment is a tremendous victory, after four and a half years of continued denials from our insurers that they should meet our losses.”
He added, “This is not just a win for our business, but another step forward in providing a lifeline for all those businesses affected. The emotional strain, psychological toll, and financial distress caused by our insurers’ ongoing refusal to pay compensation cannot be overstated.”
The Why Not Bar had to close in March 2020 at the start of the pandemic and never reopened. Mark and Rhian have run other businesses from the same premises over the years, including SY23, Y Sgwar, and The Courtyard.
We applaud the couple’s determination and is thrilled that the court has recognized the validity of their claim. The law firm Hugh James said the case is a “landmark” decision that means the insurance policies do respond to the losses. Their client’s claim is worth £1.5M.
Here at Excluded Scotland we hope this victory will inspire other businesses in similar situations to continue fighting for the compensation they deserve. We stand in solidarity with Mark, Rhian, and all the businesses affected by the devastating impacts of the pandemic.
