Articles for author: National Case Law Archive

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Levi v Bates [2015] EWCA Civ 206

A woman was harassed by her sister's ex-partner. Although she never lived with him, the court found she was 'associated with' him under the Family Law Act 1996. This expanded the Act's protection to non-cohabiting individuals with a clear familial connection. Facts The appellant, Ms Sarah Levi, was the sister of Mandy, the former partner of the respondent, Mr Adrian Bates. Mr Bates and Mandy had lived together and had a child. Ms Levi was a very frequent visitor to their home, often staying overnight and providing childcare for her niece. Following the separation of Mr Bates and Mandy, Mr

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Letang v Cooper [1964] EWCA Civ 5

A woman sunbathing on grass was negligently run over by a car. She sued after the three-year limitation period for negligence expired, framing her claim in trespass. The court held the claim was for negligence, not trespass, and was therefore statute-barred. Facts In July 1957, the plaintiff, Mrs Deidre Letang, was on holiday in Cornwall. While sunbathing on a piece of grass that served as a car park for a hotel, the defendant, Mr F.E. Cooper, negligently drove his Jaguar motor car over her legs, causing her injury. The plaintiff did not issue the writ for her action until February

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Leakey v National Trust [1979] EWCA Civ 5

The National Trust owned a hill which, due to natural processes, was at risk of slipping onto the plaintiffs' property below. Despite being aware of the danger, the Trust did nothing. The court found the Trust liable for the resulting damage. Facts The plaintiffs were the owners of two houses in Somerset, located at the foot of a large, steep-sided conical hill known as Burrow Mump. The defendant, the National Trust, owned Burrow Mump. The hill was geologically unstable and prone to cracking and slipping due to natural weathering processes. In 1968, the plaintiffs noticed a large crack appear in

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Lawrence v Pembrokeshire CC [2006] EWHC 1029 (QB)

A 15-year-old pupil was injured after hitting his head on an unpadded goal post during a school rugby match. The court held the school was not negligent, finding the risk of such an injury was minimal and did not breach its duty of care. Facts The claimant, David Lawrence, was a 15-year-old pupil who sustained a serious head injury on 21 March 2001 while playing in a school rugby match for Ysgol y Preseli. The match was organised and supervised by the defendant, Pembrokeshire County Council, which was responsible for the school. The claimant, playing as outside centre, attempted to

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Lane v Holloway [1967] EWCA Civ 1

An elderly man insulted a younger man's wife and threw a minor punch. The younger man retaliated with a severe punch, causing serious injury. The Court of Appeal held that provocation is not a defence to battery and cannot reduce compensatory damages. Facts The plaintiff, Mr Lane, was a 78-year-old man. The defendant, Mr Holloway, was a 23-year-old. After an argument between their wives, the plaintiff insulted the defendant’s wife. Words were exchanged between the two men, and the plaintiff, believing he was about to be struck, punched the defendant on the shoulder. In response, the defendant struck the plaintiff

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Lagden v O’Connor [2003] UKHL 64

An impecunious claimant, Mr Lagden, hired a car on credit at a higher rate following a non-fault accident. The House of Lords held he could recover the full cost, as his lack of funds made the more expensive credit hire a reasonable step. Facts The respondent, Mr Lagden, had his car damaged due to the negligence of the appellant, Mr O’Connor. Mr Lagden required a replacement vehicle whilst his was being repaired. Due to his poor financial circumstances (being unemployed and on benefits), he was unable to afford the ‘spot rate’ for a hire car from a standard rental company.

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Lachaux v Independent Print Ltd [2019] UKSC 27

A French national sued UK newspapers for defamation. The Supreme Court clarified the 'serious harm' test under section 1 of the Defamation Act 2013, holding it requires a factual determination based on the statement's actual impact, not just its inherent tendency. Facts The claimant, Mr Bruno Lachaux, a French national residing in the UAE, brought libel actions against the publishers of The Independent, the ‘i’ newspaper, the Evening Standard, and the Huffington Post (AOL UK). The articles, published in early 2014, contained serious allegations relating to his conduct towards his British ex-wife during an acrimonious divorce and custody battle. The

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Kuwait Airways Corp v Iraqi Airways Co (Nos 4 and 5) [2002] UKHL 19

Following Iraq's invasion of Kuwait, Kuwaiti aircraft were seized and transferred to Iraqi Airways by an Iraqi decree. The House of Lords refused to recognise this decree, finding it breached fundamental principles of international law, and held Iraqi Airways liable for conversion. Facts In August 1990, Iraq invaded Kuwait. Iraqi forces seized ten commercial aircraft belonging to the claimant, Kuwait Airways Corporation (KAC), from Kuwait’s international airport and flew them to Iraq. The Iraqi Revolutionary Command Council then passed Resolution 369, which purported to dissolve KAC and transfer all of its assets, including the ten aircraft, to the defendant, the

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Kuddus v CC of Leicestershire [2001] UKHL 29

The claimant sued for misfeasance in public office after a police officer forged his signature on a witness statement. The House of Lords held that exemplary damages could be awarded, focusing on the outrageous nature of the official's conduct rather than pre-defined categories of tort. Facts The claimant, Mr Kuddus, reported a theft from his flat. An investigating police officer, PC Jones, visited the former tenant suspected of the theft. Shortly afterwards, PC Jones forged Mr Kuddus’s signature on a statement withdrawing his complaint of theft. As a result, the police investigation was terminated without Mr Kuddus’s knowledge or consent.

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Knightley v Johns [1981] EWCA Civ 6

A police officer was injured after his senior negligently ordered him to ride against traffic in a one-way tunnel to close it, following an accident. The court found this negligent order was a novus actus interveniens, breaking the chain of causation. Facts The first defendant, Mr Johns, negligently overturned his car in a one-way tunnel. The police, including Police Constable Knightley (the plaintiff) and his superior, Inspector Caan, arrived at the scene. Due to the Inspector’s error in managing the scene, the entrance to the tunnel was not closed to oncoming traffic. Realising this, Inspector Caan ordered PC Knightley to