In Hayward v Zurich Insurance Company plc [2016] UKSC 48 (27 July 2016) the United Kingdom Supreme Court ruled that an insurer which had settled a claim could revive it if the claim was fraudulent. Lord Clarke, delivering the leading judgment, ruled “I am not persuaded that the importance of encouraging settlement, which I entirely agree is considerable, is sufficient to allow Mr Hayward to retain moneys which he only obtained by fraud.” ..
The importance of protecting without prejudice communications has recently been emphasised by our Court of Appeal (see: Court of Appeal underscores sanctity of “without prejudice” privilege), but clear cases of abuse of the privilege will not be protected. Ferster v Ferster and others [2016] EWCA Civ 717, in which the UK Court of Appeal held that the without prejudice rule had no application in circumstances of “unambiguous impropriety”, illustrates the point. ..
In the recent case of Minister of Education v Reidy McKenzie Limited [2016] NZCA 326, the Court of Appeal has rejected efforts by the Minister of Education (the Minister) to rely on financial accounts acquired by her in the course of settlement negotiations with Reidy McKenzie Limited (RML). ..
Law firm Parker & Associates says it now has more than 500 potential claimants for its leaky homes lawsuit against James Hardie Industries, transforming the case into a class action against the maker of Hardiflex cladding. ..
We respond to questions raised by HOBANZ in relation to class actions against cladding manufacturers. The questions are not specific to the Cladding Action but we thought it appropriate to provide our comments. The Cladding Action does not have or require a litigation funder. The Cladding Action is owner funded and self-determining. ..
Parker & Associates acts for the kiwifruit growers and the post-harvest operator, Seeka Kiwifruit Industries Limited, in their claim against the Attorney-General (on behalf of the Ministry for Primary Industries), which alleges that employees of MAF (now MPI) were negligent in carrying out biosecurity functions leading to the outbreak of the virulent form of the bacteria Pseudomonas syringae pv actinidiae (known as Psa-V) into New Zealand in 2010 and resulting losses. ..
The Court of Appeal judgment received late last week in the Carter Holt case is good news for owners of leaky homes, as it upholds the High Court decision that a product liability claim against a cladding manufacturer is arguable and is not subject to the 10 year limitation period under the Building Act. ..
The directors and promoters of Feltex’s 2004 IPO have been awarded $3.1m plus disbursements after defending allegations that investors were misled. Because the case was funded by litigation funders, however, the award will be met by the funders rather than the plaintiff personally. Further, while the judge awarded costs above the normal scale in certain respects, he rejected the defendants’ argument that the plaintiff’s funded status meant that they were entitled to recover 100% of their costs against the losing party. ..
In the recent decision of Allied Concrete v Meltzer [2015] NZSC 7, a majority of the Supreme Court has increased certainty for traders who provide goods and/or services on credit. In the context of insolvent transactions, the Court held that where creditors have acted in good faith, had no knowledge that a company is about to enter liquidation, and have received payment made for goods and/or services provided on credit, the payment will be upheld. The Court reversed a Court of Appeal ruling which held that the payment would only be upheld if new value was provided upon payment. The decision has clarified the position for creditors who provide goods and/or services on credit, and significantly decreases the possibility of two year old transactions being reversed for liquidation purposes. ..