Return of the Mountain Climber's knee: The Scope of a Professional Person's Duty

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Return of the Mountain Climber's knee: The Scope of a Professional Person's Duty

BPE Solicitors and Another v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21

What is the scope of a professional person’s duty?  Is it a duty to provide information to help a client make a decision or is it a duty to advise on the merits of the transaction itself?  What difference does this that make to extent of the professional’s liability?  In this unanimous decision, the UK Supreme Court reaffirmed that an information provider is only responsible for the consequences of the information being wrong.  Whereas an ‘adviser’ is responsible for the entire consequences of the client’s decision to enter into the transaction, even if the adviser’s mistake had nothing to do with the loss.
 

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When a Contract and Insurance Policy Collide

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When a Contract and Insurance Policy Collide

Siemens (New Zealand) Limited v Broadspectrum (New Zealand) Ltd [2017] NZHC 287

An interesting point highlighted by this case is that for larger projects, insurance obligations set out in the policy and contractual documents do not always sit well together.  In this case a master supply agreement between the two parties had two different clauses limiting liability to two different amounts.  

 

 

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Fee Langstone Hosts Inaugural Alumni Evening

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Fee Langstone recently held its inaugural alumni evening.  This was a night of celebration to show Fee Langstone's appreciation for our former colleagues whose hard work and support has made Fee Langstone what it is today.  Alumni from the Fee Langstone, Jones Fee and Heaney Jones days gathered from around the country (and even Australia!) for a night of renewing old friendships and reliving past adventures.  A comedy show from Ben Hurley topped off a fantastic night.

View all the photos here >

Council owes no duty to owners who built a defective building

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Council owes no duty to owners who built a defective building

Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust [2017] NZCA 68

The Court of Appeal  has overturned the High Court and has found that the Invercargill City Council owed no duty of care to the Southland Indoor Leisure Charitable Trust, despite having issued a code of compliance certificate for work done on the roof of a building that later collapsed.

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Am I my brother's keeper? - A duty to warn about the failure of others?

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Am I my brother's keeper? - A duty to warn about the failure of others?

Andrews Property Services Ltd v Body Corporate 160361 [2016] NZCA 644

This is an interesting case as builders, who were employed to fix the exterior of a leaky apartment complex, were not found to have a duty to warn the owners that a survey of the external damage had not been completed by the architects.  However, the CA warned that there could be a duty in other circumstances.

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Limitation periods - when does the clock start?

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Limitation periods - when does the clock start?

Roose v Duthie [2016] NZCA 600

This case provides a distinction between loss in a "flawed transaction" and loss in a "no transaction" in the context of sale and purchase of property.

The Court of Appeal also makes it clear that the subsequent discovery of fraud can be used to justify postponing the start of the limitation period in an existing cause of action.

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Dishonesty exclusion in PI policies: further refinement from the NZ Court of Appeal

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Dishonesty exclusion in PI policies: further refinement from the NZ Court of Appeal

Zurich Australian Insurance Ltd v Mark Donald Withers  [2016] NZCA 618

The Court of Appeal has recently reconsidered the interpretation of the dishonesty exclusion in a professional indemnity policy. In finding for Zurich, the Court gave greater clarity to how the test will be applied, particularly to the relationship between breaches of the insured's professional standards and objective dishonesty.

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Guidance on reinstatement conditions from UK Court of Appeal

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Guidance on reinstatement conditions from UK Court of Appeal

Great Lakes Reinsurance (UK) SE v Western Trading Ltd  [2016] EWCA Civ 1003

The decision considered the enforceability of clauses in an insurance policy that made payment of reinstatement costs conditional on the insured first incurring these costs itself, and commencing work in a reasonable time. Also considered was the position where it is unclear if the insured genuinely intends to reinstate the damaged property.

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No limitation of liability for bulk cargo under the Hague Rules

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No limitation of liability for bulk cargo under the Hague Rules

Vinnlustodin HF v Sea Tank Shipping AS [2016] EWHC 2514 (Comm) (The Aqasia)

A recent decision of the Commercial Court in the UK has settled a decades-long dispute as to whether the term "unit" in Article IV Rule 5 of the Hague Rules can be read as including units of measurement.

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