Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by tracey

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 11th November 2013

Source: www.out-law.com

High Court date set for office-to-home conversion rights challenge – OUT-LAW.com

Posted November 12th, 2013 in housing, judicial review, local government, news, planning by tracey

“A judicial review of the Government’s procedure in deciding which areas to exempt from recently introduced rights allowing offices to be transformed into homes without planning permission will be heard in the High Court on 4 December.”

Full story

OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Recent Statutory Instruments

Posted November 12th, 2013 in legislation by tracey

The Network Rail (Redditch Branch Enhancement) Order 2013

Source: www.legislation.gov.uk

Marwaha and others v Singh and others – WLR Daily

Posted November 12th, 2013 in appeals, charities, law reports, trusts by tracey

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

Posted November 12th, 2013 in law reports by tracey

High Court (Commercial Court)

Rathbone Brothers Plc & Anor v Novae Corporate Underwriting & Ors [2013] EWHC 3457 (Comm) (08 November 2013)

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

Posted November 12th, 2013 in complaints, crime, death in custody, inquiries, news, police by tracey

“Five police officers and two staff have been suspended from duty after a man died in police custody.”

Full story

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

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by tracey

“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.”

Full speech

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

Posted November 12th, 2013 in armed forces, courts martial, mental health, murder, news, sentencing by tracey

“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.”

Full story

Daily Telegraph, 11th November 2013

Source: www.telegraph.co.uk

Baby death: Natasha Sultan to be sentenced for killing daughter – BBC News

Posted November 12th, 2013 in guilty pleas, infanticide, mental health, news by tracey

“A mother who had post-natal depression when she killed her baby daughter in a ‘sudden explosion of violence’ is to be sentenced later.”

Full story

BBC News, 12th November 2013

Source: www.bbc.co.uk

Vengeful polo trainer jailed after setting fire to love rival’s car – Daily Telegraph

Posted November 12th, 2013 in arson, guilty pleas, news, sentencing by tracey

“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.”

Full story

Daily Telegraph, 12th November 2013

Source: www.telegraph.co.uk

‘Spy watch’ GP report shows concerns were raised – BBC News

Posted November 12th, 2013 in doctors, news, reports, sexual offences, video recordings, whistleblowers by tracey

“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.”

Full story

BBC News, 12th November 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 11th, 2013 in law reports by michael

Court of Appeal (Civil Division)

Trust Special Administrator Appointed To South London Healthcare NHS Trust & Anor v London Borough of Lewisham & Anor (Rev 1) [2013] EWCA Civ 1409 (08 November 2013)

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)

Merlot 73 Ltd, R (on the application of) v City of Westminster Magistrates Court & Anor [2013] EWHC 3416 (Admin) (08 November 2013)

Thangarasa, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2013] EWHC 3415 (Admin) (08 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

Posted November 11th, 2013 in child abuse, hospitals, local government, news, police, social services, statutory duty by michael

“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.”

Full story

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

Posted November 11th, 2013 in codes of practice, news, victims by michael

“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’.”

Full story

Criminal Law & Justice Weekly, 9th November 2013

Source: www.criminallawandjustice.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 11th, 2013 in legislation by michael

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

Posted November 11th, 2013 in animal cruelty, news, sentencing by michael

“A man has been sentenced to 20 weeks in jail after he tried to kill his neighbours’ cat.”

Full story

The Independent, 11th November 2013

Source: www.independent.co.uk

Trial of doctor accused of kidnapping photojournalists in Syria collapses – The Guardian

Posted November 11th, 2013 in evidence, kidnapping, news, prosecutions, victims, witnesses by michael

“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.”

Full story

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.”

Full story

BBC News, 11th November 2013

Source: www.bbc.co.uk

Violent rapists face tougher sentences – The Guardian

Posted November 11th, 2013 in news, rape, sentencing, violence by michael

“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.”

Full story

The Guardian, 11th November 2013

Source: www.guardian.co.uk

Police find body in Thames in search for barrister – The Guardian

Posted November 11th, 2013 in barristers, missing persons, news by michael

“It is thought Gianni Sonvico, 23, may have fallen into the Thames near the Tower Hill area of London, at around 11pm on Friday 25 October. He has not been seen since.”

Full story

The Guardian, 8th November 2013

Source: www.guardian.co.uk