Notable Cases
Recent notable / reported cases which Levi Solicitors have pursued include:-
Taylor & Anor v Crotty & Anor. Court of Appeal (Civ Div) [2006]
Succeeding below and also defeating opponent’s appeal to the Court of Appeal. Specific performance granted to our client, a commercial tenant, regarding enforcement of an option to purchase. This was despite rent arrears and alleged breaches of tenancy by the tenant resulting in issue of possession proceedings. Clients’ former solicitors joined as Part 20 Defendants due to several years’ rent arrears accumulating when they had conduct, due to them failing to take proper steps. Costs recovered for our client and damages paid by former solicitors by way of indemnity for rent arrears.
European Court of Human Rights
2 Separate claims issued at European Court of Human Rights regarding professional negligence matters, specifically claims in relation to duties and responsibilities of Hospitals and Social Services regarding investigations of alleged sexual abuse. Inter alia dealing with balancing apparent conflicts of interests and extent of duty of care in statutory investigations. Articles 3 (prevention of inhuman or degrading treatment), 6 (entitlement to fair and public hearing), 8 (respect for family life), 13 (right to an effective remedy) engaged.
Steria Ltd & Ors., v R Hutchison & Ors. CH[2005]/App/578
Only reported case to find in favour of pension scheme member who relied on terms of explanatory booklets, which directly contradicted the otherwise definitive Trust Deed. Test case, with past and future costs granted to our client . Referred to Court of Appeal due to public importance.
The Minister for Justice Equality and Law Reform -v- Stapleton [2006] IEHC 386
Decision of Irish High Court refusing to extradite Respondent to England. Assisting Irish lawyers by investigating 28 year UK history of disputed complex fraud allegations including several banks, European Credit Guarantee Department, company insolvency etc.
The Information Management Systems Management Plan Ref N00568, Decision of the Pensions Ombudsman [21.7.2005], Complainant Mr R. Hutchinson
The complainant succeeded in establishing that his normal retirement date should be at age 62, and not 65 as stated by the Trustees. This was due to repeated representations made to Mr Hutchinson and relied on by him. The trustees were directed to treat Mr Hutchinson as though his NRD was 62 without any actuarial reduction and the Trustees were also directed to pay him compensation.
JD -v- East Berkshire Community Health NHS Trust [2005] UK HL23 (House of Lords Decision)
Whilst it was recognised that children can now sue social services, hospitals and doctors for negligence regarding care or child protection proceedings, parents cannot.
Sykes -v- Taylor Rose (CA) LTL 4/3/2004
The sellers of a house who had been aware of a horrific murder committed there had not made a misrepresentation or negligent misstatement in answering “No” to a question in the "Sellers Property Information Form" asking them whether there was “Any other information which you think the buyer might have a right to know?”
Real Property
CA (Sir William Aldous, Mantell LJ, Peter Gibson LJ) 27/2/2004
References: LTL 4/3/2004 : Times, March 2, 2004 : Independent, March 02, 2004
Leeds City Council -v- Watkins (CA) LTL 28/3/2003
The claimant was entitled to final injunctions restraining the defendants from holding unlicensed seasonal Sunday markets/car boot sales without its licence or consent. Local government - competition law - European union - licensing
[2003] EWHC 598 (Ch)
Ch D (Peter Smith J) 25/3/2003
References: LTL 28/3/2003 : (2003) 14 EG 122 (CS) : Times, April 9, 2003
Jeancharm Ltd -v- Barnett Football Club Ltd (CA) [2003] EWCA Civ 58
A clause providing for 260 per cent interest per annum in the event of late payment was not a pre-estimate of loss, and was therefore a penalty clause and unenforceable.
CA (Civ Div) (Peter Gibson LJ, Keene LJ, Jacobs J) 16/1/2003
MAK & RK & Ors -v- Dewsbury NHS Trust & Kirklees MDC
Court of Appeal. [2003] 4 All ER 796. Sole successful appeal in several linked appeals; landmark case, whereby House of Lords 1995 Judgment in X -v- Bedfordshire held not to have survived implementation of Human Rights Act (Article 8). Professional negligence, common law duties of care owed in Statutory investigations. Duties of Local Authorities, Social Services and Health Authorities.
S Allan -v- Nolan & Others
Court of Appeal [2002] EWCA Civ 85 CA. Duties of professional Trustees, claim against Trustees of Pension Scheme and against Consulting Actuaries. Claims for breach of trust and resulting trusts in SSAS/Employer's Pension Scheme. Rights of beneficiary to remedies claimed including damages and enquiries.
Parkinson -v- St James & Seacroft University Hospitals NHS Trust
Court of Appeal [2001] 3 WLR 376. Damages for extra cost of bringing up disabled child awarded to Mother who had undergone a negligently performed sterilisation. Conception and birth catastrophic for Claimant. Landmark case. Establishing appropriate tests of foreseeability and proximity, and principles of distributive justice.
Read the case history
Interoute Telecommunications (UK) Limited -v- Fashion Gossip Limited & Salco Communications Limited
The Times [10.11.1999] (Lightman J) Civil procedure telecommunications guidance on Applications for Without Notice Orders including Freezing Orders. Successfully obtaining an indemnity Costs Order on behalf of party affected, against Claimant (Referred to in White Book and Legal 500).
Read the case history
(A Minor) -v- Leeds City Council
Current Law [May 1999] Personal injuries, physical education, lack of control class of 11 year old girls in first lesson in new school sports hall.
Read the case history
Beeforth v- Beeforth. Court of Appeal
The Times [17.9.1998] Establishing balancing exercise and proportionality regarding strike out and punitive powers of the Court. Successful reinstatement of Defence (Defendants represented by others in Court below). Defendants successful "Calderbank" offer on costs. Complex agricultural partnership. Inheritance and Family partnership issues. Extent of compliance with duty of discovery and breach of Unless Order. Indemnity, and damages obtained from previous Solicitors in subsequent professional negligence claim. Eviction from extensive farmland and properties overturned. (Referred to in Legal 500)
Read the case history
Re Abram (Deceased) v Public Trustee [1996] Ch.D 2FLR
Family provision - Adult son applying for reasonable provision from mother's estate - Son working for mother in family business for 17 years for minimal wage - Son leaving business - Mother by new will disinheriting son - Whether failure by mother to make reasonable provision for son
Bankruptcy - Adult son claiming reasonable provision out of estate - Son entering into individual voluntary arrangement under Insolvency Act whereby any provision received payable to creditors - Inheritance (Provision for Family and Dependants) Act 1975.
More Case Histories
|
