CBL Insurance Ltd (Liq) v Harris [2021] NZHC 1393
The High Court has recently confirmed in the context of a strike out application the enforceability of exclusion and limitation of liability clauses commonly found in the standard terms of engagement of professional services firms.
We are honoured to have been named in the 5-Star Excellence Awards for the Insurance Law Firm category. Fee Langstone's own partners Philippa Fee, Cecily Brick & Craig Langstone were also named in the Insurance Lawyer category of the awards.
Read MoreHoughton v Saunders [2021] NZSC 38
A recent decision by the Supreme Court has brought an end to a long-running saga through the New Zealand courts. Commenced in 2008, a class action suit of some 3,600 shareholders has rolled on against the directors of Feltex Carpets Limited (Feltex) and its (former) private equity owner, Credit Suisse, for thirteen years.
Read MoreBNZ Branch Properties Limited v Wellington City Council [2021] NZHC 1058
The High Court has recently ruled that a contribution claim by a defendant against third party engineers was not time-barred by the 10-year longstop period in the Building Act 2004.
Read MoreLivingstone v CBL Corporation Ltd (in liq) [2021] NZHC 755
The High Court has recently issued a decision in the CBL litigation which concerned the territorial ‘location’ of a charge under s 9 of the Law Reform Act 1936 (the LRA). In so doing, the Court reinforced the necessity of using the correct procedure for any jurisdictional challenge.
Read MoreNew rules governing lawyers’ behaviour are due to come into force on 1 July 2021 following recommendations by the New Zealand Law Society’s Independent Working Group.
Read MoreThe law has long recognised that where an insurer has indemnified an insured for loss caused by a third party, the insurer can sue the third party in the insured’s name to recover the amount paid. However, two recent UK decisions have discussed the question of when the terms of a contract entered into by the insured might impact on rights of recovery.
Read MoreThe Australian Financial Complaints Authority (AFCA) has recently found in favour of a business insurance policyholder whose claim for loss of perishable food stock caused by a COVID-19 lockdown was declined.
Read MoreYan v Mainzeal Property and Construction Ltd (in liq) [2021] NZCA 99
On 31 March 2021, the Court of Appeal delivered a 186-page judgment in the much-publicised and lengthy Mainzeal litigation.
Read MoreTim Daley returned to New Zealand and joined the Fee Langstone team in December 2020, where he assists with a broad range of indemnity issues and civil disputes.
Read MoreTe Tari Taiwhenua Department of Internal Affairs (DIA) has issued a formal warning to law firm Kidd Legal under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act). This is the first formal warning issued to the legal sector under this legislation.
FL's own Greg Potter gains some publicity for his big catch
Solicitor Greg Potter was featured in the NZ Herald recently as he became the third person to ever catch a marlin in a kayak. Read more about Greg's great ordeal below.
Solicitor Edith Offner joined the FL in October of last year. Prior to joining Fee Langstone, Edith practised at a specialist litigation firm where she acted on a range of commercial disputes.
Read MoreFee Langstone was ranked in Tier One for Insurance, being recognised for "depth of experience" and "well-respected" in the area. Partners Philippa Fee, Craig Langstone, Pauline Davies and Cecily Brick were listed as Leading Individuals. Virginia Wethey was also recognised as a Next Generation Partner. Matt Atkinson, Russell Stewart and Angus Wakeman were also named as Key Lawyers. Thank you to all clients who provided testimonials.
Read More IAG v Forde [2020] NZHC 3233
The defendant, Mr Forde, had his insurance claim declined following a car crash. Mr Forde and his fiancée, Ms Day, were returning home along State Highway 1, south of Dunedin. Ms Day, who held a learner licence, was driving the car whilst Mr Forde, who held a full licence, was a passenger.
Englehart CTP (US) LLC v Lloyd's Syndicate 1221 & Ors [2018] EWHC 900 (Comm)
Englehart, the insured in this UK case, claimed under an “All Risks” cargo insurance policy for loss it sustained in accepting fraudulent bills of lading for a cargo of copper ingots, where that cargo was never in fact shipped.
Read MoreChambers Rankings 2021 & NZ Law Awards
We are very pleased to announce two pleasant surprises in time for Christmas. Fee Langstone was ranked in Band 1 for Insurance Law in the Chambers Asia-Pacific Rankings 2021 with Philippa Fee as a ranked individual. Pauline Davies was also named a ranked individual in Band 2 for Shipping.
We are also delighted to have been awarded NZ Law Awards 2020 Insurance Specialist Law Firm of the Year. This year was a virtual event and all winners were asked to submit an acceptance video in lieu of attending. You can watch our rather silly one here.
Regular readers will be aware that Fee Langstone has been providing updates on the UK ‘test case’ on the business interruption response to COVID-19 related claims.
Closer to home, the New South Wales Court of Appeal has also recently handed down its decision in its own test case. It found in favour of insured businesses, ruling that insurers could not rely on certain disease exclusion clauses to deny claims for loss caused by business interruption losses from COVID-19.
Read MoreSouthern Response Earthquake Services Limited v Ross continues to throw up significant legal developments. The latest is the landmark judgment issued last month by the Supreme Court whereby it has approved the use of an “opt-out” representative action regime in New Zealand.
Also, in a significant postscript, the government has announced a “proactive package” to be offered to eligible policyholders. This article looks at both developments.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
Auckland
Level 18, 51 Shortland Street
Auckland 1010
Tel. +64 9 373 0050
reception@feelangstone.co.nz
Christchurch
Level 1, 83 Lichfield Street
Christchurch 8011
