Get to know Edith
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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 MoreLegal 500 Rankings
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Fee 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 MoreClient Appreciation Evening 2021
/We were very pleased to be able to just get in our much anticipated Client Appreciation Evening right before Auckland went back into lockdown. Somewhat ironically this year's theme was all about reflecting on 2020 and bidding it farewell!
Fall asleep and pay the price
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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.
No coverage under all risks marine policy for losses resulting from fraudulent shipment
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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
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Chambers 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.
New Covid 'test case' out of New South Wales
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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 MoreContinuing developments in Southern Response v Ross – Class Action “opt-out” approved
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Southern 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 MoreCongrats Greg
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A big congrats to Greg Potter who was admitted this month! Seen here with our own Frances Jones who acted as moving counsel.
Read MoreWe're feeling the love
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Fee Langstone has awarded a Corporate Intl Magazine Global Award for Maritime Law Firm of the Year in New Zealand - 2021. Partner Pauline Davies was also recognised as an expert in the awards.
In more good news, Fee Langstone is a finalist for New Zealand Law Awards Insurance Specialist Law Firm of the Year.
Get to know our Special Counsels
/We've had some exciting changes to our team at Fee Langstone. In particular the appointment of three Special Counsels. Watch Angus, Brad and Tom share their thoughts on their new role and their careers.
WorkSafe’s non-prosecution decisions under scrutiny
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Ministry of Workplace Relations and Safety, Andrew Little, has ordered WorkSafe to seek external legal advice from Crown Law or Crown Solicitors whenever a Coroner recommends that WorkSafe consider a prosecution or reconsider its decision not to prosecute.
Read MoreSolvency the key
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Supreme Court decision a warning to directors trading near-insolvent companies
Madsen-Ries v Cooper [2020] NZSC 100
Debut Homes Limited (Debut) was a property developer. Mr Cooper is Debut’s sole director. In November 2012, Mr Cooper decided to wind down Debut’s operations. Existing developments would be completed but no new developments undertaken. At the time this decision was made, it was forecast that there would be a deficit of over $300,000 in GST once the wind-down was completed. The liquidators of Debut sued Mr Cooper. They claimed that he incurred debts on behalf of Debut without a reasonable belief that Debut would be able to meet them when they fell due, in breach of ss 135 & 136 of the Companies Act 1993 (the Act),. The liquidators claimed the full amount of unsecured creditor claims, being $449,507. The High Court found that Mr Cooper had breached the above provisions. This decision was reversed in the Court of Appeal but was later reinstated by the Supreme Court.
Client Function Announcement
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We have made the tough choice to postpone our Client Function for this year. 2020 marked Fee Langstone’s 5th birthday and it has been the kind of year to make you want to let loose with a much-needed party. Unfortunately, for the sake of everyone’s health and safety we’ve decided to postpone our celebrations to early 2021. We look forward to seeing you all next year and shaking off the lockdown cobwebs.
Read MoreInsurer’s duty not to mislead: The Court of Appeal’s decision in Dodds
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Southern Response v Dodds [2020] NZCA 395
The Court of Appeal has recently delivered its judgment in the appeal from the High Court decision. The Court upheld the High Court’s finding that Southern Response was liable for misrepresentation, misleading and deceptive conduct, and breach of an implied duty of good faith.
Read MoreThe final stage in the real estate price-fixing saga: Penalty
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Commerce Commission v Lodge Real Estate Limited [2020] NZHC 2329
In our April blog we summarised the effect of the Supreme Court’s decision in the Trade Me/real estate agents price-fixing saga. On dismissal of the real estate agents’ appeal, the Supreme Court referred the matter back to the High Court for determination of the penalty to be paid by Lodge Real Estate and Monarch Real Estate.
Brad & Angus promoted to Special Counsel
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The partners are very pleased to announce that Brad and Angus have been promoted to the new role of Special Counsel. Brad has been with the firm 12 years, and Angus since 2014. These promotions recognise their experience and the high regard in which they are held by the partners. We would like to wish them both continued success, and to thank them for their valuable contribution to the continued success of the firm.
Read MoreBI Covid-19 test case decision released
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As regular readers know, Fee Langstone has been providing updates on the UK “test case” on the Business Interruption response to Covid-19 claims as the case has proceeded through the Court.
To recap, the United Kingdom Financial Conduct Authority (FCA) had brought the Covid-19 “test case” with the aim of bringing clarity to areas of uncertainty for as many policyholders and insurers as possible. A sample of twenty-one policy wordings issued by eight insurers was considered, with the FCA putting forward policyholders’ arguments in the public interest.
Read More$7.5m in penalties for serious anti-money laundering breach
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Dept of Internal Affairs v OTT Trading Group Ltd [2020] NZHC 1663
In this decision, the Department of Internal Affairs (the Department) claimed that between May 2014 and April 2019, OTT Trading Group (OTT) and MSI Group Limited (MSI) breached their obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act).
Project orders – not an easy way out
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Maritime New Zealand v Fullers Group Ltd [2020] NZDC 10157
The lesser known alternative to a traditional fine given under the Health and Safety at Work Act 2015 (HSWA) is the use of health and safety project orders.
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