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2
votes
2answers
112 views

Legal status of an ongoing situation pending an appeal

Apologies for the title. I could not think of a concise and accurate way to phrase it. I will phrase this question in terms of charitable trusts, but my question is really about the general principle....
1
vote
4answers
252 views

Is answering a question you are not sure about under oath perjury?

Suppose I struggle to see at night, but was witness to a crime that took place and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and ...
2
votes
1answer
157 views

Is there a defence of persecution by law?

Justice derives from just, what is right and fair. If you are guilty (as in, you've committed the offence not been judged) of an offence but your arrest/prosecution is unfair in its application can ...
1
vote
1answer
194 views

Can UK citizens claim common law rights in a UK court, and what would happen if they did?

I've read in numerous blogs and heard from a few people that common law is more important than statute law in the UK, and that UK citizens can claim common law rights in some cases for their benefit. ...
1
vote
1answer
57 views

Child Custody : Cases supporting Father as primary care giver or shared care and control

Does anyone have Court of Appeal cases where by custody is awarded to the father or shared custody is awarded? Basically Father proposed a shared care and control parenting arrangement but mother is ...
-1
votes
2answers
58 views

Is “accusing one liable to offence” indirectly libel?

Suppose there are three people, A, B, and C. A and B has a personal dispute, all parties know each other, and on one day, B's private chat group was attacked and destroyed by an unknown person, whose ...
1
vote
2answers
202 views

In English Law, official guidance can state “minor” matters exempt from a statutory requirement — but on what authority?

I just noticed an oddity in some legal guidance published by the UK Government. The Party Wall Act states that certain works are covered by its requirements, including the requirement to give notice. ...
9
votes
3answers
1k views

Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as ...
7
votes
2answers
292 views

Can a company handle paying taxes and other bureaucracy work for a freelancer

Pardon my terminology. I'm very much not a lawyer, but I used to watch Ally McBeal as a kid, so I think I got the hang of this. This is actually a subset of a vastly larger problem, so the ...
15
votes
3answers
1k views

How can a court avoid creating precedent?

There are a number of ways in which a judge may avoid following precedent – overturning or distinguishing a previous ruling, for instance. However, is there any way for a court (particularly a ...
6
votes
1answer
119 views

Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?

Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment. Is the law still confined to an 'unjust factors' approach as ...
16
votes
3answers
1k views

Has a common law defence ever held water?

The UK is a common law country. It is a widely held belief of many people that statute Acts of parliament (i.e. most 'laws') only apply with the "consent of the governed"; and that one may be a "free ...