Marwaha and others v Singh and others – WLR Daily
Marwaha and others v Singh and others: [2013] WLR (D) 429
“Where on the true construction of a trust, the trustees have a duty to exclude ineligible persons from membership and they breach that duty, the court is not prevented from intervening. The court has power to vary a scheme pursuant to the general supervisory power of the court in relation to charities.”
WLR Daily, 6th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
High Court (Commercial Court)
Deutsche Bank AG v Sebastian Holdings Inc (Rev 1) [2013] EWHC 3463 (Comm) (08 November 2013)
High Court (Queen’s Bench Division)
Krause v Newsquest Media Group Ltd & Anor [2013] EWHC 3400 (QB) (11 November 2013)
J M Finn & Co Ltd v Holliday [2013] EWHC 3450 (QB) (08 November 2013)
High Court (Technology and Construction Court)
Roe Brickwork Ltd v Wates Construction Ltd [2013] EWHC 3417 (TCC) (11 November 2013)
Source: www.bailii.org
Luton custody death: Police officers and staff suspended – BBC News
“Five police officers and two staff have been suspended from duty after a man died in police custody.”
BBC News, 11th November 2013
Source: www.bbc.co.uk
Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection
“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”
Judiciary of England and Wales, 11th November 2013
Source: www.judiciary.gov.uk
Marine A ‘should not be treated like a common criminal’ – Daily Telegraph
“A Royal Marine convicted of murdering a wounded Taliban captive should not be treated as a common criminal, a former commander of British troops in Afghanistan has said.”
Daily Telegraph, 11th November 2013
Source: www.telegraph.co.uk
Baby death: Natasha Sultan to be sentenced for killing daughter – BBC News
“A mother who had post-natal depression when she killed her baby daughter in a ‘sudden explosion of violence’ is to be sentenced later.”
BBC News, 12th November 2013
Source: www.bbc.co.uk
Vengeful polo trainer jailed after setting fire to love rival’s car – Daily Telegraph
“A vengeful husband who set fire to a polo-playing love rival’s car who had started dating his wife has been jailed for more than three years.”
Daily Telegraph, 12th November 2013
Source: www.telegraph.co.uk
‘Spy watch’ GP report shows concerns were raised – BBC News
“A report into a GP who filmed intimate sexual examinations with a camera hidden in a watch has found a senior GP had concerns about his behaviour.”
BBC News, 12th November 2013
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Graiseley Properties Ltd & Ors v Deutche Bank AG & Ors [2013] EWCA Civ 1372 (08 November 2013)
Court of Appeal (Criminal Division)
Shirley, R v (Rev 1) [2013] EWCA Crim 1990 (08 November 2013)
High Court (Administrative Court)
Krebs v NHS Commissioning Board [2013] EWHC 3474 (Admin) (11 November 2013)
Bhatnagar v The General Medical Council [2013] EWHC 3412 (Admin) (11 November 2013)
Brodziak v Circuit Court In Warsaw, Poland [2013] EWHC 3394 (Admin) (11 November 2013)
Evans v Wimbledon & Putney Commons Conservators & Ors [2013] EWHC 3411 (Admin) (08 November 2013)
Source: www.bailii.org
Tackling child abuse: is mandatory reporting the answer? – Halsbury’s Law Exchange
“Former Director of Public Prosecutions, Keir Starmer QC, has called for an overhaul of the law concerning safeguarding children. In a previous post I considered the current legislation and whether it goes far enough. I concluded that there is a need for a more general duty to have due regard to the need to eliminate abuse of minors over and above the existing welfare duty in s11 of the Children Act 2004.”
Halsbury’s Law Exchange, 8th November 2013
Source: www.halsburyslawexchange.co.uk
The Victims’ Code – A Lack of Substance or a Victory for Victims? – Criminal Law & Justice Weekly
“Last week, the Government published its Victims’ Code. Earlier in the year, I wrote in CL&J about the ‘rise and rise of the victim’s voice’ ((2012) 177 JPN 473). And so it comes to pass: a culmination (one hopes) of all the political rhetoric about ‘putting victims first’, and ‘being on the side of victims’.”
Criminal Law & Justice Weekly, 9th November 2013
Source: www.criminallawandjustice.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Enterprise and Regulatory Reform (Designation of the UK Green Investment
Bank) Order 2013
The Civil Legal Aid (Remuneration) (Amendment) Regulations 2013
The European Parliamentary Elections (Amendment) Regulations 2013
The Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order
2013
The Environmental Noise, Site Waste Management Plans and Spreadable Fats etc.
(Revocations and Amendments) Regulations 2013
Source: www.legislation.gov.uk
Man jailed for 20 weeks after trying to kill his neighbours’ cat – The Independent
“A man has been sentenced to 20 weeks in jail after he tried to kill his neighbours’ cat.”
The Independent, 11th November 2013
Source: www.independent.co.uk
Trial of doctor accused of kidnapping photojournalists in Syria collapses – The Guardian
“The trial of an NHS doctor accused of kidnapping a British photographer in Syria has collapsed after the prosecution was unable to hear evidence from two alleged victims.”
The Guardian, 11th November 2013
Source: www.guardian.co.uk
G4S staff at Brook House centre ‘falsified document’ – BBC News
“A High Court judge has asked prosecutors to consider forgery and contempt charges after claiming staff at an immigration removal centre falsified a document.”
BBC News, 11th November 2013
Source: www.bbc.co.uk
Violent rapists face tougher sentences – The Guardian
“Tougher penalties for extremely violent rapes are to be introduced later this year, the new chairman of the Sentencing Council, Lord Justice Treacy, has revealed.”
The Guardian, 11th November 2013
Source: www.guardian.co.uk
Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily
“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily
UPC Nederland BV v Gemeente Hilversum (Case C-518/11); [2013] WLR (D) 428
“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
