As of May 31, 2023, we have updated our Code of Conduct.

Questions tagged [england-and-wales]

Questions specific to England and Wales

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Still be questioned without a solicitor?

In the United Kingdom, England and Wales jurisdiction, when someone is arrested they are read a caution. If at that moment, the person declines to give a statement, and then asks for a solicitor, can ...
user5623335's user avatar
-3 votes
0 answers
78 views

Can probation contact employers?

In this scenario, pretend John has a criminal record for two counts of Assault by Penetration contrary to section 2 of the Sexual Offences Act, after he was found guilty during trial. He was sentenced ...
user5623335's user avatar
2 votes
1 answer
2k views

The nature of do not contact requests and crafting one that is irrevocable and permanently keeping away an ex

Firstly, as a premise, what is the legal effect of expressly asking one not to contact them? Does it alter the nature of any future attempts to do so that are not of a legal-procedural nature? Off the ...
Seeking answers's user avatar
-5 votes
1 answer
157 views

Why do no marketing standards apply to coconuts?

According to a recent answer coconuts are subject to neither the specific marketing standard, nor the general marketing standard. By reason of which legal provision is this so?
Seeking answers's user avatar
3 votes
2 answers
370 views

Overriding offered contract acceptance methods with express written declaration

Bob would rather face the consequences of trespassing than pay for a license to occupy a privately owned parking spot. He pulls into the lot which says “by parking here you agree to pay £10/hour. Bob ...
Seeking answers's user avatar
4 votes
0 answers
170 views

If the police tell you not to drink does that have any legal force?

It is reported in the news that during an arrest of suspected protestors a police officer instructed one person that they could not drink their coffee with a reason that it may be poisoned. This ...
User65535's user avatar
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2 votes
2 answers
90 views

Have any recent US court decisions cited English common law?

As I understand it, the common law system in the United States inherited the body of caselaw developed by English courts up until the US declared independence, at which point we started developing our ...
phenry's user avatar
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-2 votes
2 answers
171 views

Must Frank the farmer indicate the macro nutrient contents of his fresh, direct to consumer milk?

Frank the farmer milks his cattle and bottles the milk directly from the udders with no pre treating or processing involved. He then brings these bottles of fresh milk to various farmers' markets ...
Seeking answers's user avatar
1 vote
1 answer
77 views

Lost merchandise: Replacement or refund

Bob ordered something on eBay from a seller and wins the auction for £40. The item is in good condition but more usually goes for closer to £150. Perhaps it has some uncommon quality that especially ...
Seeking answers's user avatar
2 votes
0 answers
49 views

What are the limits to what the information commissioner can take action upon?

It is in the news that a doctor inappropriately accessed and distributed a patients medical records. They did this through their employer, Cambridge University Hospitals (CUH) at Addenbrookes. The ...
User65535's user avatar
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0 votes
1 answer
41 views

Can one explicitly use medical research to offer unlicensed patented treatments?

English Patent Law includes an exception for "experimental purposes": (5)An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do ...
User65535's user avatar
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-2 votes
1 answer
102 views

Legal bindingness/validity of implicit/presumptively entered contracts for occupancy fees

Bob advertises, openly and conspicuously, on the EXTERIOR FRONT of his guest house that people are permitted to occupy rooms therein for £60 per night. They may come in and pay before receiving keys ...
Seeking answers's user avatar
-1 votes
1 answer
153 views

What is the legal status of private parking charges fines? [duplicate]

Bob receives a letter from Debt Recovery Plus about an overtime parking charge from a private “creditor”. What legal authority do they have to levy such fines and what is the worst that could happen ...
Seeking answers's user avatar
2 votes
2 answers
129 views

What is the legal situation if you perform a citizen's arrest on a security guard?

The law on citizens arrest is here and summarised by the police here: How do I know if I can make a citizens arrest? You can make an arrest if the suspect is actually committing the offence or if ...
User65535's user avatar
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3 votes
0 answers
76 views

Under what law were the Republic protestors initially detained?

The detention of the Republic protestors at the coronation is reported so: At around 6am on the morning of the coronation, Smith and his colleagues brought down the amplifiers and megaphones from ...
User65535's user avatar
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4 votes
1 answer
165 views

Is an arrest legal if no reason is given?

From the UK Government website: The police arrest procedure If you’re arrested the police must: identify themselves as the police tell you that you’re being arrested tell you what crime they think ...
User65535's user avatar
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3 votes
2 answers
93 views

Why is a divisional court called a divisional court?

A court sitting with more than one judge is a divisional court. I am having difficulty seeing the relevance of the term to its definition.
Seeking answers's user avatar
9 votes
3 answers
2k views

Why did US v. Assange skip the court of appeal?

The high court’s appeal was further sought to be appealed to the UKSC but not first to the EWCA. Why was the Court of Appeal passed over in this case?
Seeking answers's user avatar
1 vote
1 answer
63 views

When is the next significant date on the horizon in the judicial proceedings against Julian Assange?

Australian journalist Julian Paul Assange is in remand pending the CPS appeal against his triumph in the extradition proceedings against him for offences under the U.S. espionage act. When is the next ...
Seeking answers's user avatar
-8 votes
1 answer
188 views

Are street preachers worthy of being sectioned?

Some of them are really ridiculous, like they stand on street corners where they are likely to harass the most people and often they don’t even speak the best (by which I mean the most intelligible) ...
Seeking answers's user avatar
5 votes
1 answer
169 views

Can it be illegal to not speak to the police until you have spoken to a lawyer?

It is reported that Ernest Moret was arrested for failing to answer police questions. The incident was described as: When the officers began questioning Moret, [his colleague Stella] Magliani-...
User65535's user avatar
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0 votes
1 answer
65 views

Does a Limited company need a licence to lend money to an individual in the UK?

A limited company (one director) lent money to me as an individual (£450,000). The initial loan was secured as a first charge on a property I owned but did not live in. Interest the first 2 years was ...
sharon's user avatar
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0 votes
3 answers
103 views

How are business days to be counted?

Legally consequential instructions direct one on Wednesday the 3rd to submit something within 7 business days, and to expect a response within 7-10 business days. Are the weekend days of the 6th and ...
Seeking answers's user avatar
23 votes
5 answers
5k views

What offence if any is committed by guessing a combination entry lock on a door?

If one effectively guesses the correct passcode to the lock so as to open it without causing any damage and then peacefully enters (seemingly a mere civil trespass) the (previously) secured premises, ...
Seeking answers's user avatar
1 vote
2 answers
39 views

Corporate Asset inventory discovery for enforcement of judgments

Bob has tried to resolve an issue with a large company’s customer service department to no avail. He then sends them a letter before claim and finally issues a small claim against them for the refund ...
Seeking answers's user avatar
0 votes
1 answer
73 views

Is it legal to sell photographs of a publicly displayed artwork without the creator's permission? (UK) [duplicate]

A person A creates 3D dioramas, which they display publicly outside their shop. These are displayed on a temporary basis, replaced by new dioramas every few months. Is it legal for a second person B ...
Showsni's user avatar
  • 181
0 votes
1 answer
74 views

Why did the strict rules of evidence result in a debt being due twice, even though common law dismissed this as absurd?

As "the common law held that a debt was due twice . . . [that proposition] would have been dismissed as absurd", why wasn't this the end of the story for the debtor? Why was this "the ...
user avatar
-1 votes
1 answer
83 views

Do general forms of judgments require judicial names or signatures?

Does Form N24 of the county court (general form of judgment or order) require a judge’s name or signature? If so, then what is the effect of one missing them? Does it have any implications on the ...
Seeking answers's user avatar
5 votes
2 answers
224 views

What is the law regarding playing in the street?

It is being reported that claims are made that is can be against the law for children to play in the street. Liz Swift thought a basketball hoop on wheels pushed to the corner of her street on sunny ...
User65535's user avatar
  • 4,135
-2 votes
1 answer
68 views

Issues with asking if legal action have been taken? [closed]

I was working for a forum and have since left. To cut a long story short, I have an intrusive thought all day every day that he's going to take legal action against me, since we had a data breach(I've ...
SpoiltAroma14's user avatar
-2 votes
3 answers
156 views

Perverting the Course of Justice - Does deception fit this crime? [closed]

My question: Does Perverting the Course of Justice 'apply' to those who try and garner 'evidence' using somewhat deceptive means, even if the evidence they intend to gain is accurate and lawful? ...
SpoiltAroma14's user avatar
6 votes
1 answer
932 views

Do I need a licence to fly a drone in public?

If I practice flying a drone in a public park not over gardens or using the camera for looking into windows do I need a licence?
Heddy's user avatar
  • 783
-5 votes
2 answers
115 views

Dispensing items free for restricted purposes

Suppose a grocery chain charges £0.3 for carrier bags but gives out smaller and slightly flimsier ones for free, but they are imagined as only to be used for fresh produce to be weighed. Bob sees them ...
Seeking answers's user avatar
-3 votes
2 answers
99 views

In the context of third-party murder, is an unborn foetus a separate living thing? [duplicate]

Bob stomps on Alice's pregnant stomach, thereby causing the latter to miscarry. Did the former individual commit murder if the latter survived the assault? Alice shoots Bob's pregnant stomach, thereby ...
Seeking answers's user avatar
1 vote
1 answer
129 views

What law could criminalise using prank calls to expose politicians?

It is in the news that a campaign group Led by Donkeys has made prank calls to politicians to show how willing they are to work with commercial companies for £10,000 a day. Former minister Stephen ...
User65535's user avatar
  • 4,135
8 votes
1 answer
1k views

Is it legal for a disability accomodation to inconvenience able-bodied people?

About 10 people and I cycle to work and have to swipe a card on a post to get through the gates. Now, someone in a wheelchair has started working here too, and because the post's position was ...
Heddy's user avatar
  • 783
1 vote
0 answers
19 views

Under what rules may money judgments be granted during possession proceedings?

Money awards are regularly granted in the course of possession proceedings, but what rule or rules of law enable and govern this practice?
Seeking answers's user avatar
2 votes
0 answers
40 views

Is it ever possible to "sell" the right to action a tort?

Suppose Bob discriminates against Alice on a date 1/1/2023. Alice has a right to sue Bob for this discrimination for some limited period, but she doesn't care to bother with the hassle of pursuing ...
Seeking answers's user avatar
2 votes
1 answer
73 views

Can a periodic tenant unilaterally lower his rent, with binding effect if the landlord does not properly appeal the notice within 3 months?

Section 6, HA1988 provides: (2)Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the ...
Seeking answers's user avatar
1 vote
1 answer
57 views

Does S5(5A), Housing Act 1988 have any effect on typical PRS tenancies?

S5(5A), Housing Act 1988 refers to rights "of pre-emption": (5A)Nothing in subsection (5) affects any right of pre-emption— (a)which is exercisable by the landlord under a tenancy in ...
Seeking answers's user avatar
24 votes
2 answers
8k views

Do cats have a "right to roam" in the UK?

I've seen numerous sources, including the RSPCA, making claims along the lines that cats in the UK have a "right to roam", are "free spirits", and therefore that cat owners cannot ...
Jez's user avatar
  • 1,107
1 vote
2 answers
83 views

Computer Misuse Act 1990 - Definition of unauthorised

My question is: What does "Unauthorised" mean? The legislation claims that it means not having "Consent" to access the system - does this refer to implicit or explicit? For example,...
AnotherUser's user avatar
2 votes
1 answer
669 views

When does name-calling become slanderous?

Usually, the difference between ordinary insults/name-calling and actionable slander is taken to be that non-actionable insults are either subjective statements that can't unambiguously be determined ...
Vikki's user avatar
  • 851
4 votes
1 answer
153 views

What is the difference between the terms defendant and Respondent?

It seems that there is perhaps a trend toward less adversarial terminology, so I wonder if it is that defendant was a more traditional term used exclusively historically, while Respondent has now ...
Seeking answers's user avatar
1 vote
1 answer
66 views

Is it normal for district judges first instance decisions to be appealed to circuit judges in other locations?

A judgment from clerkenwell and Shoreditch county court district judge (swan) was appealed to a circuit (?) judge in central London (Luba). Isn’t the point of a circuit judge that they are the more ...
Seeking answers's user avatar
1 vote
1 answer
48 views

Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?

Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
Seeking answers's user avatar
20 votes
7 answers
4k views

Are there any laws against either excessively loud motorcycles or riding such motorcycles inconsiderately in residential areas at night?

Loud disturbing motorcycles are awful but occasionally circle around certain roads after midnight up and down gratuitously if the objective is actually transportation. One would hope that there are ...
Seeking answers's user avatar
-4 votes
1 answer
106 views

Is it legal in England for unpasteurised dairy products to be sold in retail stores?

I understand that it is not legal to sell unpasteurised dairy products in retail stores in England, at least in the case of raw milk. (It must be purchased directly from farmers.) But then one sees ...
Seeking answers's user avatar
3 votes
1 answer
71 views

What provision of the CPR requires any parties who might possibly be claimants to an action to be made defendants if they are not?

A blog site mentions a provision requiring all parties who might be a party to a claim to be listed as defendants if they are not participating as claimants, but I cannot find it again now that I want ...
Seeking answers's user avatar
2 votes
2 answers
113 views

If there is an error in a webpage that forms a contract how is that resolved?

Ecommerce websites tend to make the details of the sale a contract. For example a website that auctions used cars states predominantly: Your bid is a contract between you and the listing creator. If ...
User65535's user avatar
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