I have just had the pleasure of reading “On Tyranny: Twenty Lessons from the Twentieth Century” by Timothy Snyder – a best selling author and Professor of History at Yale. He has 20 well argued pieces of advice, one of which is:
“Defend institutions. It is institutions that help us to preserve decency. They need our help as well. Do not speak of “our institutions” unless you make them yours by acting on their behalf. Institutions do not protect themselves. They fall one after the other unless each is defended from the beginning. So choose an institution you care about—a court, a newspaper, a law, a labor union—and take its side.”
He cites the example of Germany, where in 1933 the nascent, democratically elected, Nazi regime took just a year to consolidate power and humble and emasculate the institutions of a sophisticated modern state. It’s easy to dismiss this and say it won’t happen now and it can’t happen here. Snyder tells us why that is an idle fallacy. It can and will happen if we are not vigilant and active in defending what we value.
It’s a very short read and easy to digest and I would highly recommend it if tyranny is something that weighs on your mind, as it does mine at the moment.
Excellent article by Jacqui Thompson and Melissa Perkin, charting the first 30 years of the NZBA’s life, from small beginnings to its central role in representing the independent bar in New Zealand ATB – 30 Years On Article Dec 2018
It was a real honour and privilege to accept the challenge at the Bar Association’s anniversary dinner at Te Puia, the New Zealand Māori Arts and Crafts Institute in Rotorua on 22 September, as we learn to understand and embrace our country’s rich Māori heritage and culture.
Pleased to have acted for Sanitarium in important trade mark infringement dispute, but also the first substantive case to deal with the border protection regime under the Trade Marks Act 2002, allowing detention and forfeiture of goods bearing an infringing sign – see CIV-2017-409-000526  NZHC 2501
Writing in the English Law Society Gazette on 7 September 2018 John Hyde reports on a 2015 pilot for shorter trials, which is now going permanent in England and Wales.
The scheme provides a streamlined procedure where judgments are issued within 12 months and trials are no longer than 4 days. The parties initiate the process but if they can’t agree a judge is able to intervene. While disclosure and oral evidence are limited, there is no limit on the size of the case.
The scheme has generally been welcomed by practitioners because it avoids lengthy discovery and evidence, and as a result, significantly reduces cost and delay. Perhaps it’s time we looked seriously at a similar innovation in New Zealand?
At the NZLS Auckland Branch Dinner on 17 August to honour recent judicial appointees, with Maria Dew, Associate Judge Andrew & Mai Chen.
Just back from the AMINZ annual conference in Wellington where I spoke on IP and Dispute Resolution.
Leading US mediator Lee Jay Berman gave a great address on how to grow your practice, including these beautiful words of wisdom: