Case summaries

Knightley v Johns [1981] EWCA Civ 6

Police Constable Knightley was injured when ordered to ride his motorcycle the wrong way through a tunnel to close it after Mr Johns negligently overturned his car. The Court of Appeal held that the chain of causation was broken by the Inspector's negligence, making Mr Johns not liable but the police liable.

Konecny v District Court in Brno-Venkov, Czech Republic [2019] UKSC 8

A Czech national convicted in absentia of fraud challenged his extradition under an EAW, arguing he should be treated as 'accused' rather than 'convicted' because he had an unqualified right to retrial. The Supreme Court dismissed the appeal, holding he was properly categorised as convicted.

Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47

Employer made direct pay offers to union members during ongoing collective bargaining negotiations, bypassing the agreed procedures with Unite. The Supreme Court held this contravened section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992, as offers made before exhausting collective bargaining procedures achieve the 'prohibited result' when the employer's main purpose is not a genuine business purpose.

Kuddus v CC of Leicestershire [2001] UKHL 29

A police officer forged the plaintiff's signature on a statement withdrawing a theft complaint. The plaintiff sued the Chief Constable for misfeasance in public office, seeking exemplary damages. The House of Lords held that exemplary damages were not limited to causes of action recognised before 1964, removing the cause of action test.

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

Iraqi Airways incorporated Kuwait Airways' aircraft into its fleet following Iraq's invasion of Kuwait. The House of Lords held that Iraq's decree transferring ownership was contrary to public policy as it violated established international law, and refused to recognise it. Kuwait Airways succeeded in claims regarding aircraft recovered from Iran.

L Batley Pet Products Ltd v North Lanarkshire Council (Scotland) [2014] UKSC 27

A commercial sub-tenant disputed liability to remove alterations and repair premises on lease expiry, arguing written notice was required. The Supreme Court held neither the Minute of Agreement nor the repairing obligation required prior written notification, allowing the mid-landlord's dilapidations claim to proceed to proof.

L Schuler AG v Wickman Machine Tools Ltd [1973] UKHL 2 (04 April 1973)

Schuler, a German machine tool manufacturer, granted Wickman sole selling rights under a distributorship agreement requiring weekly visits to six motor manufacturers. When Wickman failed to make all required visits, Schuler purported to terminate the agreement. The House of Lords held that the term 'condition' did not automatically entitle Schuler to rescind for any breach.

Lachaux v Independent Print Ltd [2019] UKSC 27

Mr Lachaux sued newspapers for defamatory articles about his conduct during divorce proceedings. The Supreme Court clarified that under section 1 of the Defamation Act 2013, a statement is not defamatory unless it has caused or is likely to cause serious harm to reputation, requiring proof of actual impact rather than merely the inherent tendency of the words.

Ladd v Marshall [1954] EWCA Civ 1

Mr Ladd claimed he paid £1,000 cash 'under the counter' to Mr Marshall for property but Marshall denied receiving it. After losing at trial, Ladd sought to appeal using fresh evidence from Marshall's ex-wife who now claimed she lied at trial. The Court of Appeal refused, establishing the three-part test for admitting fresh evidence on appeal.

Lagden v O’Connor [2003] UKHL 64

Mr Lagden's parked car was damaged by Mrs O'Connor's negligent driving. Being impecunious, he could not afford spot rate car hire and used a credit hire company instead. The House of Lords held that impecunious claimants can recover the full cost of credit hire services, departing from The Liesbosch principle that impecuniosity cannot increase recoverable damages.

Lampleigh v Brathwait [1615] EWHC KB J17 (24 March 1615)

Brathwait killed a man and requested Lampleigh to obtain a royal pardon. Lampleigh travelled extensively at his own expense to secure it. Brathwait later promised £100 but failed to pay. The court held that a prior request coupled with a subsequent promise creates binding consideration.

Lane v Holloway [1967] EWCA Civ 1

A 64-year-old man exchanged insults with his younger neighbour's wife. When the 23-year-old neighbour confronted him, the older man threw a punch, receiving a severe blow to the eye in return. The Court held provocation cannot reduce compensatory damages for physical injury, only exemplary damages.

Lauritzen A/A v Wijsmuller B.V. [1989] EWCA Civ 6 (12 October 1989)

Wijsmuller contracted to transport Lauritzen's drilling rig using either Super Servant One or Two. Super Servant Two sank before performance. Wijsmuller allocated Super Servant One to other contracts and claimed frustration. The Court of Appeal held the contract was not frustrated because Wijsmuller's election determined which contract could not be performed.

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

A mother sued Pembrokeshire County Council in negligence after her children's names were wrongly placed on the Child Protection Register. The court struck out the negligence claim, following D v East Berkshire, holding that social workers investigating suspected child abuse owe no duty of care to parents suspected of abuse due to potential conflict with duties owed to the child.

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of & Ors [2017] UKSC 38

Following Lehman Brothers' 2008 collapse, the Supreme Court resolved multiple insolvency law questions arising from LBIE's surplus administration, including subordinated debt ranking, foreign currency conversion claims, post-administration interest, contributory liabilities in unlimited companies, and the extension of the contributory rule to administrations.

Leakey v National Trust [1979] EWCA Civ 5

Soil and debris fell from the National Trust's hillside onto neighbouring properties due to natural geological instability. The Court of Appeal held that landowners owe a duty of reasonable care to prevent naturally occurring hazards on their land from damaging neighbours' property, following Goldman v Hargrave.

Leander v Sweden (1987) App No 9248/81, 9 EHRR 433 (ECtHR)

Mr Leander was denied employment at a Swedish Naval Museum due to secret police records classifying him as a security risk. He was never told the contents of these records. The Court found Sweden's personnel control system lawful and necessary for national security, with adequate safeguards against abuse.

Leaney v Loughborough University [2023] EAT 155

Dr Leaney, employed for over 40 years, resigned alleging constructive dismissal through cumulative breach of trust and confidence. The tribunal found he had affirmed the contract during a three-month delay before resigning. The EAT allowed his appeal, finding the tribunal had erred in its approach to affirmation.

Lee v Ashers Baking Company Ltd & Ors (Northern Ireland) [2018] UKSC 49

A Christian-owned bakery in Northern Ireland refused to bake a cake iced with the message 'Support Gay Marriage' for a gay customer. The Supreme Court held this was not unlawful discrimination on grounds of sexual orientation or political opinion, as the objection was to the message, not the man.

Lee-Hirons v Secretary of State for Justice [2016] UKSC 46

Mr Lee-Hirons, a restricted mental health patient conditionally discharged, was recalled to hospital by the Minister but only told his mental health had deteriorated. Full reasons came 15 days later, breaching policy and Article 5(2) ECHR. The Supreme Court held the breaches did not render his detention unlawful.

Lehman Brothers International (Europe) [2012] UKSC 6

Following Lehman Brothers International (Europe)'s collapse in 2008, the Supreme Court considered how client money under FSA's CASS 7 rules should be protected and distributed. The court held the statutory trust arises on receipt, and by majority that pooling and distribution extends to all client money on a claims basis.

Lehtimaki & Ors v Cooper [2020] UKSC 33

Following marital breakdown between CIFF's founders, trustees agreed a $360m grant to resolve governance issues. The Supreme Court held that members of charitable companies owe fiduciary duties to the charity's purposes and directed the sole unconflicted member to vote in favour of the grant.

Leonard v Leonard [2024] EWHC 321 (Ch)

Dr Jack Leonard's children challenged his 2015 will, made without professional legal supervision by a tax adviser, which favoured his second wife's family over his own. The court found he lacked testamentary capacity due to dementia and pronounced against the 2015 will, admitting the 2007 will to probate.