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Items starting with K

K v Central & North West London Mental Health NHS Trust & Anor [2008] EWHC 1217 (QB) (30 May 2008)

Local Authority: The Claimant was allowed to argue at trial that the local authority owed him a duty in respect of its after-care services after providing him with care in the community even though the case was fraught with difficulties because the law was still developing and the decision in Cluni......

K.T. v. Lothian NHS Board [2009] CSOH 132

The pursuer is the mother of CK, born 11 May 1998, and sought reparation, as guardian for CK, from the defenders in respect of alleged negligence of anaesthetic and obstetric staff during the birth of CK, for which it was averred the defenders were liable as their employers. CK has cerebral palsy......

K2 Restaurants v Glasgow City Council and others, 18 October 2011, [2011] CSOH 171

Outer House case concerning damage to an Indian restaurant in Glasgow following the demolition of the floors above by Glasgow City Council. The Council demolished the first, second and third floors of a tenement on North Street in Glasgow in the autumn of 1996 after serving notice (under s......

Kadir v Mistry & Ors [2014] EWCA (Civ); [2014] All ER (D) 247 (Mar) - 26/03/14

The Claimant's wife, Ms Begum, had been visiting the Defendant general practitioners for several months complaining of stomach-related symptoms. In March 2008 she was diagnosed with stomach cancer however the cancer was too advanced to treat and she died in August 2008. The Defendant admitted t......

Kaj Dalberg Anderson v. Mohammed Hameed and Esure Services Limited [2010] CSOH 99

The pursuer sustained injuries in the early hours of 29 December 2006 when a car driven by the defender, in which the pursuer was a back seat passenger, struck a tree at Stewarton Road, Newton Mearns, Glasgow. At the time of the accident, the defender was 16, and was driving a car belonging to his ......

Kamar v Nightingale & Anor [2007] EWHC 2982 (QB) (14 December 2007)

Barrister: A personal injury claim for mental distress against a barrister arising out of an alleged failure to introduce good character evidence in a criminal trial some nine years ago court was time barred. The judge should not have extended the limitation period under s. 33 of the Limitation Act......

Kanu v King?s College, High Ct, 21/12/2005

Periodical Payments. It was appropriate to add the secretary of state as a party to proceedings for the approval of a settlement in a clinical negligence claim where the exercise of his discretion under the Health and Social Care (Community Health and Standards) Act 2003 s. 25(3) was an important......

Karl John Chadwick v. Continental Tyre Group Limited [2008] CSOH 24

Reparation - Procedure Roll:- On 28 April 1999 the pursuer was injured following a road traffic accident after the rear tyres of the vehicle he was driving, a mini-coach, failed, causing the coach to lose control and overturn. The pursuer sought damages of £25,000 damages against the defende......

Kasche v Gray & Anor QBD, 23/7/10

Stadlen J struck out as an abuse of process a libel action in which even if the claimant were successful on liability, she would be awarded only very modest damages which would be so disproportionate to the money and time which would be incurred in respect of the litigation and consequent trial. ......

Kaschke v Gray & Anor [2010] EWHC 1907 (QB), 23/07/10

Stadlen J struck out as an abuse of process a libel action in which even if the claimant were successful on liability, she would be awarded only very modest damages which would be so disproportionate to the money and time which would be incurred in respect of the litigation and consequent trial. ......

KATHLEEN FOX v MICHAEL SHERRATT & ORS CC (Manchester) (Judge Holman) 26/1/2005

The Claimant succeeded in her action for damages against her employer when she slipped owing to water which had entered the premises through a leak in the roof. It was argued for the Defendant that the roof did not form part of the premises. That argument was not accepted. The evidence from a surve......

Kathy-Rose Gordon v. EUI Limited [2011] CSOH 36

On 2 May 2008, the pursuer was driving her car westwards on the A90 dual carriageway near Glencarse, when she was rammed from behind by a vehicle driven by the defenders' insured. The pursuer was thrown forward and suffered various head injuries during the accident, for which she sought damages in ......

KD v Chief Constable of Hampshire & Anr, CC (Portsmouth)(Tugendhat J) 23/11/2005

Harassment & Battery. It was held that a police officer who, during several visits to her home, had obtained from a female interviewee detailed explicit information about her sexual conduct, which was not for the purpose of preventing or detecting crime, had subjected her to harassment. His touchin......

Kellie & Anor v Wheatley & Lloyd Architects Limited [2014] EWHC 2886 (TCC) - 27/08/14

The claimants had lost in their professional negligence action against the defendant. One issue for consideration by the judge was whether the defendant's costs should be assessed on the standard basis or the indemnity basis. The defendant's previously approved costs budget was in the sum o......

Kelly v Shetland Health Board [2012] CSIH 101 - 28th December 2012

Third appeal against a decision of a National Health Service Tribunal to disqualify the appellant from inclusion in the respondents' list of medical practitioners and ophthalmic opticians, on the ground that the Tribunal were wrong to disqualify him unconditionally. The appellant submitted, int......

Kelly v. Smith Anderson and Company Ltd [2004] ScotCS 197 (03 August 2004)

Assessment of damages following an accident at work. ......

Kennedy, R (on the application of) v The Health and Safety Executive [2009] EWCA Civ 25 (28 January 2009)

The Court of Appeal held that the requirement in the Health and Safety Executive's policy on granting exemptions from health and safety legislation, that there should be no reasonably practicable alternative way of complying with the statutory provision, was directed to the position of the appl......

KENNETH MAGUIRE v LANCASHIRE COUNTY COUNCIL [2004] EWCA Civ 1637 CA (Civ Div) (Auld LJ, Gage LJ) 11/11/2004

It was held on appeal that the trial judge had erred in finding that the Claimant had not proved his case on the balance of probabilities when there was photographic evidence and expert evidence to support M's case of the footpath being in a dangerous state. The judge had given too much weight to t......

Kenneth McAlpine for leave to appeal a decision of the Employment Appeal Tribunal [2010] CSIH 66

Motion for expenses:- The Inner House considered a motion at the instance of the respondents, for expenses to be granted in the application for leave to appeal to the court a decision of the Employment Appeal Tribunal, made by the applicant, Kenneth McAlpine. On 12 February 2010, the Inner House ......

Kent County Council v, Lawrence, QBD, 22/06/11

Kerr Stirling LLP v The Scottish Legal Complaints Commission [2012] CSIH 98 - 19th December 2012

A firm, Kerr Stirling LLP, brought an appeal under s. 21, Legal Profession and Legal Aid (Scotland) Act 2007 against a decision of the Scottish Legal Complaints Commission (SLCC) to investigate a complaint against it on the grounds of time bar and procedural fairness. The conduct complained of was ......

Kerr v Laurence Shaw & Associates Ltd (In Liquidation), [2010] EWHC 585 (Ch), 19/3/10

Although the patent agent should have advised that there was a possibility of filing an application for a Canadian patent after the deadline on payment of a penalty that failure caused no loss because the claimant would not have made any such application. ......

Kerry Ramage as Legal Representative of her child Beth Ramage (Assisted Person) v. Scottish African Safari Park Limited [2008] CSOH 68

Personal Injury - Motion for Issues:- On 28 July 2002 the pursuer took her 19 month old daughter, Beth, to Blair Drummond Safari Park which was owned and occupied by the defenders. The pursuer claimed that during the course of the visit her daughter's arm came into contact with animal faeces, whi......

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