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The binding effect of settlements: overturning a settlement for misrepresentation

Insurance Law Monthly

The binding effect of settlements: overturning a settlement for misrepresentation

The New Zealand Court of Appeal has in Southern Response Earthquake Services Ltd v Dodds [2020] NZCA 395 upheld the decision of the trial judge. The question was whether a settlement could be overturned following a change in the law which accepted a significant part of the sum awarded. Although this case was decided under New Zealand legislative provisions, the principles are for the most part the same as in England and indeed English authorities were referred to by the court.

Dodds : the facts

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