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Searching Content indexed under Litigation, Mediation & Arbitration by Duncan Cotterill ordered by Published Date Descending.
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The Hug of Death – expanding the scope of ACC cover for mesothelioma beyond a work-place injury
In New Zealand. mesothelioma is seen as the result of accidental inhalation of asbestos giving rise to personal injury.
New Zealand
17 Jul 2019
2
Court of Appeal rules that leaky building claims against James Hardie can proceed
Claimants alleged that JH building products were defective, not watertight, and did not comply with building standards.
New Zealand
26 Dec 2018
3
Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm): duty of insurance broker
This judgment is important for anyone considering whether a claim should be brought against an insurer or a broker.
New Zealand
26 Oct 2018
4
High Court decision on health and safety sentencing released
The High Court released its decision on sentencing appeals in the District Court for health and safety prosecutions.
New Zealand
11 Aug 2018
5
Defamation law: Durie and Hall v Gardiner and Maori Television Service [2018] NZCA 278
This judgment creates a new public interest defence, replacing the defence of qualified privilege, to defamation claims.
New Zealand
11 Aug 2018
6
Court refuses application for disclosure of insurance policy
The High Court has confirmed that a defendant is not required to provide or discover details of any insurance policies.
New Zealand
5 Mar 2018
7
Sentencing under the new health & safety regime
The Health and Safety at Work Act 2015 has significantly reformed prosecutions in New Zealand's health and safety regime.
New Zealand
16 Nov 2017
8
A new weapon in the particulars toolbox - for inadequately drafted pleadings in defective building/construction claims
This decision certainly provides a new tool for defendants and third parties facing broad and imprecise pleadings.
New Zealand
28 Sep 2017
9
Upcoming amendments to the High Court and District Court Rules
The amendments will be of interest to all civil litigation lawyers and parties involved in disputes before these Courts.
New Zealand
3 Sep 2017
10
First sentencing under new health and safety legislation
Interested people have been awaiting this first decision, to see the effect of the increased penalties on actual fines.
New Zealand
28 Aug 2017
11
Earthquake judgment summary - Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2016] NZSC 158
Prattley challenged the settlement on the basis that they were mistaken about how indemnity should be calculated.
New Zealand
11 Jul 2017
12
Earthquake judgment summary - Young v Tower Insurance Ltd [2016] NZHC 2956
This judgment considered the extent of the damage, construction methods and exemplary damages claims against the insurer.
New Zealand
11 Jul 2017
13
Beneficiary access to trust information - the final word from the Supreme Court
Trustees are often confronted with requests for information from beneficiaries concerning the administration of a trust.
New Zealand
16 Mar 2017
14
Contempt of court - still relevant in the age of new media
Yahoo! was fined for contempt of court, for an online news article which caused a Melbourne murder trial to be aborted.
New Zealand
6 Mar 2017
15
Adjudication of disputes under the Construction Contracts Act 2002
The Act establishes a complete process for the adjudication of a dispute between the parties to a construction contract.
New Zealand
27 Feb 2017
16
Legislation to modernise New Zealand court system passed by parliament
The NZ Parliament has passed a package of new legislation to modernise the New Zealand court system from 1 March 2017.
New Zealand
 
14 Oct 2016
17
Disclosure of trust documents to beneficiaries – Latest guidelines from the Court of Appeal
The Court confirmed there is no automatic right to documents for beneficiaries – disclosure is a discretionary decision.
New Zealand
7 Mar 2016
18
Judicial review cases update - key points
These cases provide helpful guidance on the scope of the ground of unreasonableness and on powers of search and seizure.
New Zealand
15 Jul 2015
19
Reform of judicial review receives Royal Assent in the UK
A question that may come up is whether similar judicial review reforms and amendments are also needed in New Zealand
New Zealand
16 Apr 2015
20
Changes to the Sentencing Act – restorative justice
The court must adjourn proceedings for enquiries to be made as to whether a restorative justice process is appropriate.
New Zealand
 
27 Mar 2015
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