Questions tagged [england-and-wales]

Questions specific to England and Wales

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Summary-only offence time limits

I was reading about Summary only offences here, focusing on the England & Wales jurisdiction, where the general rule is a six months statute of limitations. The general rule for time bars on ...
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1 vote
1 answer
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Find case law for Acts listed in UK legislation

I am new to the field of Law, focusing on Common Law (criminal only) in the jurisdiction for England & Wales. I have searched the government Legislation website for various Acts, in this case the ...
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2 votes
1 answer
91 views

Gaslighting on verbal agreements... who is legally "right"?

Gaslighting on verbal agreements... who is legally "right"? Suppose that a party A agrees to hire party B for a job, and at the moment party B seems like the most viable candidate available, ...
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1 vote
2 answers
88 views

Can I legally take liability from a previous tenant? What are the limitations of this?

I have a question regarding tenancy laws in the UK. I took over the tenancy for the place that my dad was living in as I needed somewhere to go in an emergency. I didn't have a deposit so my dad told ...
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2 votes
0 answers
46 views

Why can a trust be valid, but unenforceable? But not contracts?

I am quoting two Oxford University Law professors. Aruna Nair wrote Thus, while a trust of land may be created orally, a beneficiary will not be able to enforce any interest under it unless the trust ...
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12 votes
2 answers
3k views

What is the nature and purpose of the UK highway code?

What type of instrument is a "code"? There seems to be an underlying statute, the Road Traffic Act, that it implements but what is the purpose of having a separate code?
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9 votes
1 answer
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How is an animal defined as in rule 286 of the UK highway code?

This came up in the comments thread of this question so it was suggested to ask it. Is a fly an animal? Perhaps it must be one that is kept and thus keepable as chattel?
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2 votes
2 answers
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What's the difference between a conviction that is spent and one that is expunged?

This came up in the comments thread of this question so it was suggested to ask it.
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8 votes
2 answers
3k views

What possible penalties can there be for failing to comply with rule 286 of the UK highway code?

Rule 286 requires one to give one's name and address to another party in the case of an accident, but what is the penalty range for non compliance?
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8 votes
1 answer
2k views

What are the Legal obligations of a bicyclist who accidentally scratches one’s empty parked car?

What are an uninsured bicyclist’s legal liabilities and responsibilities in England who accidentally runs into thus leaving a minor scratch on an empty parked car? In case of a motorist who is ...
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2 votes
1 answer
68 views

What does it mean for an Act to be constitutional in England?

How does one become so and what are the implications of it becoming so?
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9 votes
1 answer
606 views

What is tort law and how does it differ from civil law?

Is there any difference or overlap between the two? Does one more broadly encompass the other? Are torts defined in statute or do they exist alongside statute in some way more fundamentally and less ...
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3 votes
3 answers
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What are the advantages and disadvantages of a token salary?

I am writing an employment contract for a voluntary position at a charity and am wondering whether we should pay the individual £1 per year to demonstrate that they are a paid employee. What would be ...
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2 votes
2 answers
105 views

What is the legal term for a conviction that the individual has completed the punishment for?

I am writing an employment contract and want to explain that, we run criminal record checks on everyone. if an individual has finished the punishment for their crime then that's ok as long as they ...
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3 votes
3 answers
88 views

How can one become comprehensively aware of all applicable statutes/remedies to a given situation when they are scattered between different acts?

For example if one is illegally evicted there seem to be remedies provided by the protection from eviction 1977, housing, deregulation, and housing and planning Acts, off the top of my head, but I ...
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6 votes
2 answers
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Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair

Received this from a friend, and I gave my own answer though not yet fully awake nor completely confident in my answer, but I will share mine below on which I welcome all feedback/critiques as well as ...
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3 votes
1 answer
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When is a summons considered served in England if it was sent by second class post?

If sent a court summons by one's local council, when is the summons considered served if it was sent by second class post? Background I queried a council tax bill as directed to by the council, but ...
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-3 votes
1 answer
126 views

If someone is busking on a corner and a drug crazed preacher comes along ranting about gospel in slurred speech is there any offence?

Suppose the preacher cones along and asks the busker how long they'll be there for to which he replies 6pm, when the preacher then says that he'll also leave at six but then goes up to the next ...
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4 votes
1 answer
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Are there any circumstances under which a council tenancy of a council flat in a council estate can be sublet?

Generally the answer is a clear no, but what exceptions are there to this, if any?
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2 votes
1 answer
104 views

What is the basis/rationale for the barristers' cab rank rule?

Does it only apply to barristers or also solicitors? Why or why not?
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1 vote
2 answers
136 views

Is political viewpoint a protected class under equality act 2010 and other such laws and if so is it legal to discriminate against nazis?

I’m interested in the situation in any jurisdictions that people would have answers for, but will accept an answer about england-and-wales. If one hangs a sign in front of their business declaring “no ...
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-5 votes
2 answers
217 views

Is it correct to ban me from a concert without providing necessary proof that I was engaged in harmful or threatening behaviour?

I received following email by a venue in London: "Hi there We are getting in touch as we are afraid we have had to refund your ticket for the event tonight. One of the artists performing has ...
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3 votes
1 answer
64 views

Building regulations inspection not done until almost 10 years after the works - still enforceable?

I bought and completely refurbished my UK (Midlands) house 10 years ago. This included removing the problematic old staircase and fitting a spiral staircase. In total, the only building regulations ...
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1 vote
3 answers
143 views

Making specific accusations about non-specific people

Making accusations of a (serious) crime without evidence is, as far as I understand, illegal. If acusations are knowingly false, this is in fact a crime, of perverting the course of justice, otherwise ...
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21 votes
3 answers
10k views

Is it illegal to turn off someone’s loudspeakers in public?

Let’s suppose someone goes to a certain street and plays an audiobook recording about their political program every day on the speakers at loud volume. If someone walks up and switches the recording ...
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1 vote
0 answers
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UK Mortgage security law

Do any laws of England stop banks from blocking second mortgages by securing excessive values on a mortgage ? I have a New Zealand mortgage where my bank blocks second mortgages by securing $520,000 ...
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7 votes
1 answer
2k views

How many British statutes are in effect?

How can one find the full enumeration of presently effectual/binding laws making up the statute book at any given time? If they can endlessly be amended by each other then surely they must all be ...
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-4 votes
1 answer
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Can statutory common law be overruled entirely in the U.S. in jurisprudence? [closed]

Magna Carta chapter 28 (King John’s c 38) basically provides for a plurality of law-worthy, credible and trustworthy witnesses for one to be take into the law of an official or a bailiff — in other ...
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0 votes
0 answers
68 views

Duration of illegally terminated tenancy and right to occupancy

Suppose one Is illegally Evicted from their home by an ignorant and zealous landlord. The tenant has some right to use reasonable force to reenter the property, criminal law act 1977 notwithstanding. ...
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1 vote
1 answer
73 views

What do statements that “X does not affect your statutory rights” accomplish?

Often return policies will say something like none of these terms should be taken to curtail your statutory rights as a consumer”. What would be different if companies didn’t write these lines?
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0 votes
1 answer
65 views

Statutorily prescribed terms supersede meeting of the minds?

Let’s take as an instantive fantasy a tenancy lease in which a tenant, secretly knowing their rights, deceptively enters into a contract with a greedy landlord who is hopelessly ignorant and apathetic ...
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2 votes
2 answers
76 views

Is there a way to look up results of a case in the United Kingom just by having the case number?

I recently found a case on law360 that I want to know the outcome of. In the article, they mentioned the following information: case number (HT-2021-000213) High Court of Justice of England and Wales ...
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1 vote
1 answer
64 views

Computer Misuse Act 1990 vs Police and Justice Act 2006

I am studying towards a qualification called CREST CPSA, reading through their syllabus guide here. It covers some sections on Law that I was hoping to clarify on here. On PDF page 6/20 it covers the ...
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6 votes
3 answers
877 views

Is the German embassy in London bound by British accessibility law like the Equality Act 2010?

Is the German embassy in London bound by the Equality Act 2010 and cabinet office guidance on medical mask wearing exemptions? The website explicitly state that in order to enter the Passport section ...
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4 votes
1 answer
122 views

What is the difference in England between regulations and an Act?

In England for example sometimes are cited the coronavirus regulations rather than say the Highway and safety Act. What are the differences between these two types of instruments?
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2 votes
1 answer
65 views

Is it possible for a lone claimant to obtain an RRO under HAPA 2016 for being let an unlicensed HMO without the involvement of other housemates?

A friend has been in touch with an advice service who have said that it isn’t recommended to apply to court for a Housing-and-Planning-Act-2016 Rent Repayment Order for living in an unlicensed Home-in-...
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  • 219
5 votes
1 answer
418 views

The parties in an appealed criminal case

I have a question with regards to the parties of a criminal case on appeal. In a civil case for example, Adam v Seaside Holdings Ltd, the parties are: Appellant: Adam Respondent: Seaside Holdings Ltd ...
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1 vote
1 answer
38 views

What is the adjudication process for resolution when a paid tenancy deposit has not been properly protected?

I gather that deposits must be duly protected in approved schemes within thirty days of receipt. If not there are penalties such as an obligation to return up to 3 times the deposit amount. However ...
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  • 219
0 votes
2 answers
61 views

Deed poll name changes alter egos

If deed polls are a legal way to change your name in the UK, then what will prevent deed polls from being used to legally create alter egos for yourself, and you to enter into contracts with one of ...
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3 votes
1 answer
127 views

Is it ever legally permitted for a landlord to withold/seize a tenant's posessions in exchange for owed rent arrears?

From everything I've seen online, it seems not, but I've heard a few credible individuals claim that they are allowed to do that. I think there must be some kernel of truth in it, or I wouldn't have ...
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5 votes
2 answers
211 views

Is a will provision naming "my wife" as a beneficiary before marriage valid?

In the novel A Colorful Death by Carola Dunn, a man, Dr Fenwick, becomes engaged to a woman, Stella Warren.He makes a new will leaving all his property (except for a few small specified bequests) to &...
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3 votes
2 answers
156 views

Is it legal to break into a property from which you are unlawfully evicted by the landlord while they are currently inside if you don’t threaten/harm?

The landlady gave no formal notices or court processes to end my lease or repossess the property. I was out of the property at the gym for less than 2 hours, and returned to find she had hired a ...
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3 votes
1 answer
84 views

Small claims court claim

Consider a dispute with a cosmetic clinic whose recommended treatment has resulted in no change or improvement, despite costing £4,000. This is in the UK, Merseyside. The client has been advised to ...
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5 votes
2 answers
505 views

Will an arrest without charge in England affect a DBS check?

Suppose someone was arrested last year following harassment allegations made by their former partner, but was not charged. Would this be revealed on a DBS check if they were to apply for a teaching ...
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5 votes
3 answers
374 views

Can a rape victim's DNA be used against them in criminal proceedings?

This question arose after a recent revelation from the San Francisco DA, who said that DNA of rape victims that were gathered when performing a rape kit test1 was used to identify a criminal suspect ...
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1 vote
1 answer
91 views

What are the requirements to have someone who is suicidal held involuntarily if they presented for help to A&E?

In the U.K (speciffically England) if someone experiencing a mental health crisis and non-specific suicidal thoughts attends A&E seeking support and coping strategies, whether that is advice or ...
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4 votes
1 answer
127 views

What is the longest known time between the commission of an offence and conviction in English legal history?

In England & Wales, the former Labour peer Lord Ahmed was recently jailed for sexual offences he was convicted of dating from the early 1970s. This 50+ year gap seems quite long, although ...
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2 votes
1 answer
59 views

How to get the solicitors who wrote the will to respond to a Larke v Nugus request?

Is there a valid reason to withhold a Larke v Nugus request when there is no personal representative? Imagine the situation where a person in England dies testate and: All executors have renounced ...
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6 votes
1 answer
105 views

Plea bargaining in the UK

It's been mentioned many times on this site that 90% of criminal cases in the U.S. never go to trial, and instead end up with a plea bargain (or guilty plea). Does the same statistic generally hold ...
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19 votes
1 answer
5k views

Is there a contract, or was this offer not accepted?

Mr E orders a cake for his wife's birthday at a bakery on his street. On the bakery's window, a sign is up that says, 'Today's special offer! Any customised cake for £50!' Mr E orders a customised ...
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