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Questions tagged [england-and-wales]

Questions specific to England and Wales

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“It makes sense for the promisor to request, as the price of his promise, that the other party should benefit some third party”?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 93. Can 'the other party' (underlined in red) be interchanged with 'promisee' here?
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Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). The red underlines fit para. 31 of the judgment: In the present case the price for which R's promise was bought was the ...
2
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1answer
35 views

What's the antecedent of “it”? “A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value”

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 90. 5.5 Better still, keep in mind some common examples of consideration in practice: •  Simultaneous contract and performance, ...
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1answer
41 views

Why'd a claimant be allowed to recover deposit if it acts in bad faith, when a contract obligated good faith and reasonable endeavour?

O'Sullivan & Hilliard's The Law of Contract (Core Texts Series) (2018 8 ed). p. 83 4.29 A similar issue arose in a slightly different way in Shaker v Vistajet Group Holding SA (2012). There, ...
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59 views

Neighbour has extended over the boundary of a potential house I was looking to buy [on hold]

So having initially looked at a house I found that everything was in good order and the seller seem genuine in respect everything being able to answer my question and to provide the relevant documents ...
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17 views

Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465 Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.
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2answers
43 views

How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?

I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
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1answer
24 views

Why 'represent and warrant', not 'represent and condition'?

In Canadian and English law, representations differ from warranties^. Though they aren't doublets, why's "warranty" coupled with "represent", not 'condition'? I quote Ashurst's distinction of them ...
2
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1answer
48 views

“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 75-76. Can the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to ...
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0answers
66 views

Is it legal to import a whip to England for use as decoration?

I would like to know if it is legal to import a whip to England, for use as decoration. According to a UK Government Webpage Offensive weapons which are designed to kill or inflict serious injury ...
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1answer
41 views

How will changes to section 21 affect me?

The following question relates to English housing law. Following on from the news today that the government plans to abolish section 21 evictions I was wondering how this affects my current ...
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0answers
62 views

Neighbour damaging property boundary - what are our rights?

UK query here. My question is about the options available to us when a neighbour carries out actions that damage our hedge boundary. The rights and responsibilities of property owners when it comes ...
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2answers
108 views

Limits on contract work without pre-agreed price/contract (UK)

Say you hire someone, such as an electrician or plumber, without price even being mentioned by either party. The contractor later bills you: you're taken aback by the price. Maybe the expected rate is ...
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1answer
44 views

Do I need to give a months notice to LL at the end of a six months contract?

Do I need to give a months notice to LL at the end of six months contract ? The landlord has not fulfilling some of the responsibilities they have, so is it necessary for me to give them notice of ...
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1answer
56 views

Retaliation to being spat in the face

I understand the spitting at someone intentionally in the UK is an act of assault; my question is more in the relation to the acceptable forms of retaliation, whether throwing a punch for example ...
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5answers
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False written accusations not made public - is there law to cover this?

If a person makes a false accusation against me in written, but not a published form, such as email, is there a legal process I can enact which would force the accusing party to either retract the ...
1
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1answer
47 views

Case Law Regarding The Theft Lost of Property

Does anyone know of any case law about someone being found guilty of theft after finding lost property and demanding money to return it? I've heard about it before but can't find it anywhere.
2
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1answer
75 views

Extra tenant outside of contract [closed]

I own a 3-bedroom, ex-council flat in London (UK) which I'm renting out via an agency as I currently reside outside the country. During all my communications with the agency, they always mention ...
6
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1answer
131 views

Dispute unpaid debt of a deceased family member

My elderly relative died in December 2018. Her gardener has now (January 2019) sent us an itemised invoice. The items begin in March 2018 and end in November (my relative last left the house in ...
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1answer
89 views

Am I required to re-attach neighbours gate to my fence post?

I’ve had my my fence replaced including new posts, which I’m 100% sure is my my fence, post, and boundary. Previously the neighbour’s gate was directly attached to my fence post, I’ve allowed it to ...
2
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1answer
40 views

Is there a difference between “say” and “submit” in court parlance?

In the (senior) courts of England & Wales, a submission given verbally might perhaps be introduced with: We say… or We submit… Strictly speaking, is there some distinction ...
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2answers
150 views

At what point is a marriage lawful?

When my sister got married, at the rehearsal the celebrant said he had to be careful what he said and when because if he said 'too much' they would end up married sooner than they planned. Although ...
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1answer
45 views

Spent convictions

How long does it take for a conviction which will result in a fine and community order to become spent in England for someone over 18 years of age ?
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1answer
21 views

Correct places of service for companies in England and Wales

Civil Procedure Rule 6.9(2) states: Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table. (For service out of the ...
4
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1answer
76 views

Use of trademark in personal email alias

I've just signed up to a new service (company) using my usual practice of giving them a unique email address companyname@mydomain.com. I've just received an email stating: Thank you for ...
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1answer
65 views

Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK

A district Judge made an unfair and biased possession order to make me homeless despite I provided large volume of evidence such as digitally dated photos, Facebook photos, over than 8 neighbours ...
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1answer
104 views

How do I calculate damages for educational misconduct?

I have an issue with my university. After 3 years of PhD research, I have presented to my examiners a out-of-format interdisciplinary research, as agreed with my supervisor. Unfortunately, my ...
1
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1answer
68 views

London: actions to take against a landlord who breached the law on many occasions

I have been living in London for several years now and experienced issues with one of my last landlords (professional one). I'm looking for your legal advice on what actions to take. To give you a ...
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1answer
82 views

London: how to deal with a landlord not protecting a deposit and not rembursing it?

I have been living in London for several years now and experienced issues with one of my last letting agencies. I'm looking for your legal advice on what actions to take. It was an Assured Shorthold ...
3
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1answer
80 views

Can a person be charged in absentia in the English and Welsh jurisdiction?

In England and Wales a person can certainly be tried in absentia, but can they be charged in absentia?
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2answers
76 views

Can my work force me to pay for their compulsory in-house training?

My contract with work states if I leave within 18 months I must pay for the mandatory training they sent me on of £1800. I am already qualified in my field and this course was just to learn their way ...
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0answers
88 views

A landlord must provide free internet access, can he charge a deposit for the router?

Had an interesting conversation with a friend about what would happen in such a situation. Let's suppose the contractual term was: "Internet must be provided free of charge to tenants". But a ...
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0answers
28 views

Contract and back dated pay

So basically I am in a situation where I finished my apprenticeship at a big company and was promised a pay rise in February that still hasn't happened. I was taken on with a fixed 12 month contract ...
4
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1answer
826 views

Switching sides

I'm writing a drama and need some help. Can a criminal lawyer in a rape case switch sides from the person they are representing to the victim if they have been fired by their client?
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1answer
97 views

Is the formalism “I put you on notice” important, in UK law, or can a less formal wording be equivalent?

Example case: a high value car specialist/expert sold me a car with a serious defect they should have known of and disclosed (such as past accident history) while warranting the condition was good/...
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1answer
91 views

Is one liable if illegal material is found on one's own server?

This question was prompted by a news article I read earlier today, in which a person described the dilemma they faced on discovering illegal material had been stored by an unidentified third party on ...
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1answer
213 views

A teacher at my college is being threatening towards my friend, is it illegal to catch him in the act with audio?

For a while now, a tutor at my college has been bullying and threatening my friend and she told me today that she did not feel safe around him at all. When no one is around he raises his voice and ...
4
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2answers
165 views

Clause in contract - is there a law protecting me from a landlord abusing it?

Context So, I'm going through the process of creating a shorthold tenancy with a private landlord in the UK. We've done our references and now are down to signing the contract. Everything in the ...
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1answer
215 views

How to mention a possibility of litigation/prosecution without accidentally making a “demand with menaces”, in English criminal law?

In English Law, extortion and blackmail are described under section 21 Theft Act 1968, as an "unwarranted demand with menaces", There's criteria and definitions, but they don't seem to matter much ...
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0answers
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Does the UK have a legal precedent for “inherence” with refunding digital goods (& associated contracts)?

For example, if one were to purchase a digitally distributed video game, then a year or two later purchase DLC (or other content reliant on the game to be used), if a refund was obtained on the ...
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1answer
77 views

What is meant by a litigant insuring a judge's life?

'Lord Scarman' The Telegraph (10 Dec 2004). Scarman was assigned to the Probate, Divorce and Admiralty Division (moving to the Family Division when it was abolished) and presided over the longest ...
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1answer
132 views

Under English law is it permissable to be arrested for one thing but charged with another?

I saw a high profile case where this happened today and wondered about it. I understand there probably will (and probably should) be some leeway in this, but if one was arrested for breach of the ...
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2answers
102 views

What recourse do I have if I can't meet a tight deadline to complete on a house purchase?

I've recently put down a reservation to buy a new-build flat in London, UK. This is one of the last flats available in the block and the builder is in a rush to complete and get the money as soon as ...
0
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1answer
431 views

Legal Meaning of “Embarrassing”

A while ago on English.SE TimLymington posted: For what it's worth, embarrassing is a term of art in the British courts, meaning 'impossible to prove or disprove (and so having no place in a ...
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2answers
94 views

Why aren't Lord and Lady abbreviated?

I'm referring to the titles for UKHL Law Lords and UKSC Justices. Why aren't they abbreviated for brevity, when Justice is to J and Lord/Lady Justice to LJ? Eg: In Braganza v BP Shipping Ltd [...
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1answer
127 views

Is it legal to force a atheist student to read a prayer in a Church of England UK academy?

At my school, which is a Church of England academy, instead of assemblies, we do "Collective Worship" (although everyone still calls them assemblies). With whole-school assemblies, each class takes ...
3
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1answer
68 views

Party Wall Act - unclear interpretation of party fence wall definition?

I'm looking at sections 1(1)(b) and 20 of the Party Wall Act, and they just don't make sense to me, definitionally. Problem #1: s.20 seems to provide an impossible or meaningless definition s.20: “...
3
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2answers
131 views

GDPR liability for Web Designer

I am a web designer that works with a range of clients on a project basis. I complete a project and then offer my services at any hourly rate for any other work required in the future. Do I have a ...
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0answers
52 views

In Canada and England & Wales, why' 'versus' pronounced as 'and'?

Source: Introduction to The Study of Law (8 edn, 2016), p. 11 Middle. THE LANGUAGE Of LITIGATION   The parties to an ordinary civil action are called the plaintiff and defendant ...
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2answers
54 views

How can laypeople investigate an airline's allegation of 'extraordinary circumstances'?

Some airlines allege 'extraordinary circumstances', e.g. to deny liability and shirk compensating under Recital (14) of Regulation (EC) No 261/2004: (14) As under the Montreal Convention, ...