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Civil litigation results

Legal Update - Clauses preventing oral modification of contracts are enforceable – UK Supreme Court

Parties to commercial contracts should review their contracts to check whether they contain “no oral modification” (NOM) clauses, and if they do, ensure they are complied with, following the UK Supreme Court’s decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24, in which the Supreme Court held that a NOM clause was enforceable. ..

Legal Update - Buyer beware: assignment of full replacement insurance claims

When selling their house, is a homeowner entitled to assign their ongoing insurance claim to the purchaser? Not for the full replacement value of their insurance policy and not without the insurer’s consent, according to the recent Court of Appeal decision of Xu & Diamantina Trust Limited v IAG New Zealand Limited [2018] NZCA 149 (11 May 2018). ..