Recently I have been involved with the development of a free online calculator for High Court and District Court costs. You can produce a free online report. There is a charge if you download it. Find it here: Two Bees.
Recent insurance case
A recent decision of the New Zealand Court of Appeal confirms the obstacles faced by an appellant seeking to stay enforcement of a costs award against them pending determination of the appeal.
Firearms Buy-Back scheme in place until 20 December 2019
K v Operation Burnham Inquiry: interrogatories in a judicial review proceeding
Craig v Williams--the case that keeps on giving
Some time ago now, Colin Graeme Craig, a well-known public figure, considered that Jordan Henry Williams had said untrue things about him. Mr Craig distributed a pamphlet to 1.6 million households nationwide which was intended, he says, to set the record straight. Mr Williams alleges that it was defamatory. Mr Williams sued Mr Craig. Mr Craig advanced the defence of qualified privilege. Mr Williams contended that this defence should not apply. A jury found for Mr Williams at the conclusion of a four week trial. A divided Supreme Court has now ruled on what is regarded as the principal legal issue: whether the defence of qualified privilege had been lost, and what the trial judge said to the jury about it in her summing up before they retired to consider their verdict. The Supreme Court has ordered a retrial.
The number one question you should ask your barrister
Litigation is life. There are great highs—and lows. There are unexpected twists and turns. Winning is glorious. Only the most cold-hearted lawyer would claim not to be affected by a loss. Most litigation lawyers will provide a client with a sound strategy which includes a realistic assessment of the prospects of success. But ultimately, if things go to a hearing, you and your clients are in the hands of someone over whom you have some influence, but do not control. And so, sometimes, Bad Things Happen.
Trial technique
Fellow FortyEight Shortland barrister Rob Latton has been publishing some well-received blog posts recently. Check out Rob’s blog for his very experienced views on cross-examination and re-examination of witnesses at trial. Good reading for anyone who wishes to learn more about these interesting topics.
Cross-examination technique
Here is a recent piece from my colleague Rob Latton on cross-examination during trial.
Procedural note: review of an Associate Judge's decision
Rob Latton: barrister
My fellow barrister at FortyEight Shortland has a revamped website specific to him. Rob is an experienced trial and appellate advocate. He appeared for a successful defendant recently in a long and complex civil trial: refer Burgess v Monk [2017] NZHC 3255.