Broad Reading of Exclusion Clause Overturns Award of Damages

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Broad Reading of Exclusion Clause Overturns Award of Damages

Impact Funding Solutions Ltd v AIG Europe Insurance Ltd [2016] UKSC 57

This case considers the interpretation of the trading debt exclusion in a solicitor’s professional indemnity policy.  The UKSC made two useful findings.  First, the majority held that the Trading Debt exclusion defined the cover provided by the policy and therefore should not be construed narrowly.  Secondly, the majority held that the Trading Debt exclusion would apply to a claim arising out of a breach of contract to provide services to the solicitors, even if the claim arose from a breach of the solicitor’s duty to their clients.

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Not The Boys Club Quiz Night

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Not The Boys Club Quiz Night

Fee Langstone's quiz team "Beyoncé Knowledge" had a fantastic evening at the Not The Boy's Club Quiz Night Extravaganza this month.  The teams were lead through 5 rounds - identifying logos, science and nature, history, insurance and general knowledge.  Thanks to the sponsors and to the Not the Boys Club for putting on a great event (and especially for the 16 metres of pizza!).

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Congratulations!

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Congratulations!

Congratulations to our law graduate Harriet Birch who was amongst the University of Auckland graduates receiving their degrees this month.   Harriet graduated with a BA(Psychology)/LLB and also received a 2016 Deans Academic Excellence Award for finishing in the top 10% of this year’s graduates.  Harriet is currently doing her professionals course while working and will be admitted to the bar in November. 

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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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