James Caird

Jul 24, 2024 | lexology.com | Nina Blomfield |James Caird |Jania Baigent |Alice Poole |Nick Chapman |Emma Strong

In a decision that will be welcomed by litigation funders and class action plaintiffs, the Court of Appeal has ruled that New Zealand courts can make common fund orders at the start of a class action. Read the full decision of the Court of Appeal [here] and our earlier comments on the High Court decision [here]. What is a common fund order?

May 30, 2024 | lexology.com | Ben Upton |James Caird |James Hawes |Joanna Lim |Josiah Koh

The Ministry for Business, Innovation and Employment (MBIE) has opened consultation on phase 2 of the “fit for purpose” financial services regulation reform agenda. Many proposals are immediately sensible. Some could create new complications. We encourage those affected to engage with the proposals as this is a unique opportunity to reshape some important elements of the regulatory environment.

Dec 11, 2023 | lexology.com | Ben Upton |James Caird |Jonathan Nicolle |Nina Blomfield |Sam Comber

In the latest penalty obtained by the Financial Markets Authority (FMA) - Te Mana Tātai Hokohoko, Medical Assurance Society New Zealand Limited (MAS) must pay $2.1 million for failing to correctly apply policy discounts, inflation adjustments, and benefit payments to some of its entitled customers between 2014 and 2019. Key takeawaysFinancial institutions should have robust systems and processes to prevent overcharging and to calculate customer entitlements.