- Lai v Chamberlains
The Court of Appeal has removed (civil) barristerial immunity in NZ.
Still don't know where I stand on the main issue.
(More?) interesting sub-issues though:
- Should the overruling be prospective or retrospective? (Real questions of legal certainty and people's expectations here)
- Should the Court of Appeal be able to overrule its previous decisions? Or should it now kick things up to the Supreme Court?
- Should I have listened all those years ago in Law and Society when we did "right"/"no-right" "privilege"/"duty" "power"/"disability" "immunity"/"liability"?
PS cf the decision of the Australian High Court a couple of days later: D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12
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