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Categories starting with L

Items starting with L

L v Pembrokeshire CC, High Ct, 11/5/2006

Effect of Human Rights Act 1998 and ECHR 1950 Art 8 and the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23, (2005) 2 AC 373. The policy consideration underlying the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23 , (2005) 2 AC 373, that doctors or social w......

La Chemise Lacoste SA & Ors v Sketchers USA Ltd, High Ct (Ch D) 24/5/2006

Costs of amendment applications. Under the CPR the costs of any amendment application that ought to have been consented to would be visited against the opposing party. It behoved parties in litigation to be sensible about applications by the other side and not unreasonably refuse. ......

Lahey v Pirelli Tyres Ltd [2007] EWCA Civ 91 (14 February 2007)

No jurisdiction to make percentage reduction of assessed costs. A costs judge did not have jurisdiction to make a percentage reduction of the assessed costs before embarking on a detailed assessment. ......

Lambert & Anr v Cardiff County Council, High Ct (Cardiff) 11/01/2007

No liability for psychiatric injuries suffered by foster carers. A local authority was not liable for psychiatric injuries caused by a teenager's harassment of her former foster carers, as the authority's duty of care did not extend to insuring carers against such injury and because the fostering ......

Lambert v Clayton [2009] EWCA Civ 237 (20 March 2009)

The Court of Appeal held that a pickup driver, towing a cattle trailer, was not liable for a fatal accident that occurred when a motorcyclist emerged over the summit of a hill at around 80mph and collided with the rear of his trailer. The trial judge had found that the defendant was 25% liable for ......

Landau v The Big Bus Company Limited & Pawel Zeital [2014] EWCA Civ 1102 - 31/07/14

The Claimant sustained a serious injury to his right leg, which consequently necessitated a below-knee amputation, as a result of a road traffic accident in which his motor scooter became trapped between a tourist bus operated by the First Defendant and a car driven by the Second Defendant on proce......

Lane v Cullens Solicitors & Ors [2011] EWCA Civ 547 11/05/2011

The alleged failure to advise an administrator of an estate that if he made a distribution from the estate that he would be potentially liable to any claim of which he had notice before the distribution constituted damage for the purposes of the Limitation Act 1980 from the moment of the distributi......

Lane v. (1) Cullens Solicitors (2) Bowling & Co LLP (3) Bowling & Co (Solicitors) LLP, CA, 11/5/11

Limitation Period In Professional Negligence Claim Ran From The Date Of Payment Out Of The Estate's Account The Court of Appeal held that the personal representative's professional negligence claim had been bought out of time in circumstances where it had been issued more than 6 years after......

Lane v. Lake, unreported, 31/7/07, QBD

Langsam v Beachcroft LLP & Ors [2012] EWCA Civ 1230 (CA) 4/10/12

Solicitors acting in a professional negligence action in a claim against their client's former accountants were said to have provided excessively cautious advice leading to too low a settlement. The solicitors' defence was that they had relied on leading counsel's advice and counterclai......

Latimer Management Consultants Ltd & Ors v Ellingham Investments Ltd & Anr, High Ct (Ch D) 30/10/2006

It was just and reasonable to vary a final costs order where there had been a material change in circumstances and the court had been misled as to the correct financial position of a party since the making of a judgment and subsequent costs order, and where it had become apparent that another part......

Laverton v Kiapasha (t/a Takeaway Supreme) [2002] EWCA Civ 1656 (19 November 2002)

A finding of liability on the part of the Defendant company was reversed on appeal where a judge determined that there had not been a breach of the duty of care under the Occupiers' Liability Act 1957. The Claimant slipped on excess rainwater which had gathered on the floor of the premises. On appe......

Lawrence v Pembrokeshire County Council [2007] EWCA Civ 1446 15/5/07

In cases of child protection, social workers did not owe a duty of care to the parents of children wrongfully taken in to care. Such a duty of care could conflict with the primary duty owed to the children. The right to freedom from interference with family life under the Human Rights Act did not ......

Leanne Hendry v. Alexander Taylor & Sons & NIG Insurance Limited [2007] CSOH 178

Personal Injury - Specification of Documents & Diligence:- In this action the pursuer sought damages following a car accident in which she blamed the defenders' employee. Liability was admitted and the only remaining issue was the quantification of damages. The defenders lodged a specificatio......

Lee Lyell v. Sun MIcrosystems Scotland BV + Manpower PLC

The pursuer had been supplied to work for the defenders by the third party. Case considers general principles of law that apply in cases where an individual has a contract of employment with one person but in pursuance of that contract of employment performs work for another person. The pursuers cl......

Lee MacFarlan Nicoll v. Guild Homes (Tayside) Limited [2008] CSOH 156

Proof:- On 4 June 2001 the pursuer was involved in a road traffic accident when a tractor towing a trailer being driven by an employee of the defenders, in the course of his employment with them, passed the pursuer on the other side of the road. As it did so, the trailer became detached from the ......

LEGAL OMBUDSMAN v HOWARD ROBERT GILLESPIE YOUNG [2011] EWHC 2923 (Admin)

Solicitor and partner Mr Anis Waiz of Mohindra Maini LLP continues his critical review of current case law. This is a case of crucial importance to all lawyers and a valuable lesson in client care and dealing properly and in good fashion with the regulator. Below is an extract of a blog written by......

Leggett v Norfolk, Suffolk & Cambridgshire Strategic Health Authority [2006] EWHC 1238 (QB) (26 May 2006)

Hospital doctors had not been negligent in their treatment of a baby who had sustained a rare brain condition shortly after his birth. ......

Leo Pharma A/S & Anor v Sandoz Ltd, [2010] EWHC 1911 (Pat), 27/07/2010)

Floyd J held that the operation of the slip rule pursuant to CPR r. 40.12 was limited to the correction of accidental slips or omissions in orders. Floyd J thus held that that the deliberate inclusion of a matter by a party within an order drawn up and sealed by the court was not an accidental slip......

Leonard Allison v. Henry Robb Limited and Others [2009] CSOH 83

The pursuer formerly worked for the defenders during which period he was exposed to asbestos and developed bilateral pleural plaques. In this action the pursuer sought damages from the defenders for his anxiety about the diagnosis and about the possibility that he might develop serious asbestos-r......

Lesley Bothwell v. Messrs D.M. Hall and Others [2009] CSOH 24

Proof:- In this action the pursuer, the owner of a nursery business, sought damages from the defenders, a firm of chartered surveyors, for an alleged breach of contract and professional negligence arising out of a failure to exercise the standard of skill and care reasonably to be expected from a......

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