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Will COVID-19 And Climate Change Make New Zealand More Litigious?

The dominant narrative in Chapman Tripp’s recent Trends & Insights publication highlights that the high-change environment created by COVID-19 and climate change will put many businesses under intense financial pressure – increasing their legal exposure at a time when access to the courts is becoming cheaper and easier.

Today Chapman Tripp released their latest Litigation & Dispute Resolution – Trends & Insights publication including observations across class actions, litigation funding, climate change-related disputes and the changing environment for access to the courts across New Zealand.

“COVID-19 has significantly heightened the risks attached to directors’ decision-making – especially on whether to trade-on when the business is on the tip of insolvency. And projecting future financial performance is now nail-bitingly difficult – giving rise to rich potential for allegations of financial disclosure breaches,” says Justin Graham, the firm’s Litigation & Dispute Resolution National Practice leader.

“Climate change is also creating hothouse conditions for litigation around the world, including New Zealand, an effect which will only intensify as the environmental impacts deepen, governments fine-hone their legislative responses and a body of case law develops,” he adds.

The firm’s publication also highlights the changes made to court procedures to accommodate the COVID-19 shutdown, increasingly giving cheaper and easier access to justice.

To read the publication in full, the Litigation & Dispute Resolution – Trends & Insights publication can be found on Chapman Tripp’s website.

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