Building (Earthquake-prone Buildings) Amendment Act 2016

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Building (Earthquake-prone Buildings) Amendment Act 2016

Building (Earthquake-prone Buildings) Amendment Act 2016

The Building (Earthquake-prone Buildings) Amendment Act 2016 which came into force on July 1, 2017 brings radical changes to the methodologies by which local councils, engineers and building owners will carry out assessments and deal with earthquake-prone buildings.  These changes are limited to commercial buildings and residential buildings that comprise of two or more stories and three or more household units.

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Fee Langstone ranked in Top Tier

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The Legal 500 Asia Pacific 2018 rankings were announced last week and Fee Langstone is delighted to have been ranked as a Top Tier Firm for Insurance.  Philippa Fee and Craig Langstone are listed in the elite "Leading Lawyers" list, The Legal 500 Asia Pacific 2018's guide to outstanding lawyers in Asia Pacific.
Virginia Wethey is listed in the "Next Generation Lawyers" list, recognising up-and-coming lawyers.
 

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UK Supreme Court Makes Dishonesty Ruling on High Stakes Gambling Case

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UK Supreme Court Makes Dishonesty Ruling on High Stakes Gambling Case

When Mr Ivey won £7.7m at Crockfords casino over three consecutive nights, he could not believe his luck. However, the painstaking techniques Mr Ivey had used to win such a huge sum were called into question when the casino refused to pay out, claiming he had cheated. The UK Supreme Court determined that Mr Ivey had indeed cheated and took the chance to transform the test for dishonesty in criminal law and confirm the test for civil actions.

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Limitation periods – the crucial question of when tax liability arises

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Limitation periods – the crucial question of when tax liability arises

For negligence cases initiated near the tail end of a limitation period, determining the ‘date of loss’ is often crucial. In this recent case concerning negligent tax advice, the Supreme Court considered whether a vendor’s income tax liability arose the moment they entered into an unconditional agreement to sell land, or only once settlement occurred.

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Supreme Court Introduces Uncertainty to Litigation Funding

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The Supreme Court has issued its judgment on a challenge, based on champerty principles, to the arrangements put in place by a litigation funder to fund an action against auditors and directors. In so doing it has introduced uncertainty to the law surrounding litigation funding, and potentially opened up new avenues by which such arrangements may be challenged in future.

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Defective Product: Holding Company’s duty to warn consumers

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Defective Product: Holding Company’s duty to warn consumers

Several hundred leaky building owners are claiming that companies in the James Hardie group have breached their duty to warn, inform and/or to take reasonable steps to withdraw defective cladding products. Two holding companies, not involved in the manufacturing process, applied for summary judgment to strike out the claim, but the Court has found the building owners have an arguable case.

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Assigning the Right to an Insurance Claim

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Assigning the Right to an Insurance Claim

In post-earthquake Christchurch, it is not uncommon for a vendor of an earthquake-damaged property to sell the property without carrying out repairs and purport to assign to the purchaser the right to claim under the property’s material damage insurance policy.  A recent High Court decision has provided welcome clarification as to whether such an assignment operates to assign a right to full replacement of the house, or just the indemnity value. 

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First Prosecution Under New Health and Safety at Work Act 2015 Brings Increased Fines

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First Prosecution Under New Health and Safety at Work Act 2015 Brings Increased Fines

This case is the first successful prosecution under the new Health and Safety at Work Act 2016.  The decision had been eagerly awaited by many to see how the courts were going to approach prosecutions under the new Act.  However the decision is disappointing as the judge declined to make any sentencing guidelines.  What this case did make clear is that fines under the new Act have increased hugely, although the ability of small businesses to pay these large fines is another matter altogether.

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Egregious Breach of Safety Standards leads to €875,000 Increase in Fine

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Egregious Breach of Safety Standards leads to €875,000 Increase in Fine

Director of Public Prosecutions v Kilsaran Concrete Limited [2017] IECA 112

A company which put the safety of its employees in jeopardy in the pursuit of increased efficiency and maximised profit has had an initial fine of €125,000 increased to €1,000,000 in the Irish Court of Appeal.  This case demonstrates the increasing seriousness placed on health and safety offences in the workplace and a renewed focus on deterrence, both of which are reflective of New Zealand’s new health and safety legislation.

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Auckland Women Lawyers' Association Quiz Night

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Auckland Women Lawyers' Association Quiz Night

Fee Langstone’s quiz team ‘Beyoncé Knowledge’ enjoyed another quiz night this month supporting the Auckland chapter of Dress for Success – an organisation that aims to provide women with the support and tools they need to gain employment and financial independence.  The teams faced six rounds including famous women, food and drink and a dress-up round.  Thank you to Auckland Women Lawyers’ Association and Chapman Tripp for putting on a great event.

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