Questions tagged [england-and-wales]

Questions specific to England and Wales

Filter by
Sorted by
Tagged with
3
votes
1answer
89 views

Unused birth certificate inquiry

I was born in the UK in the 60s and I have a certificate of birth and a certified copy of an entry of birth both from the sub district of Sefton Park of Liverpool South district in the County Borough ...
0
votes
0answers
43 views

Riding/driving for pleasure after latest changes to lockdown guidance

Some lockdown restrictions will be relaxed in England from Wednesday 13th May. If I'm not mistaken, the law up until now has stated that all journeys should be essential or as a means to travel for ...
1
vote
1answer
20 views

Settlement agreements over statutorily limited contract terms

In some jurisdictions, certain types of contracts have terms which are set by statute. For instance, employment contracts might include a certain minimum number of vacation days, or lease agreements ...
0
votes
1answer
70 views

Is it legal to guide someone to suicide?

The context here is a video game, which I won't name as it'd be a bit of a spoiler, but the relevant part of the plot is: The deuteragonist's boyfriend was guided and goaded to suicide by one of the ...
4
votes
0answers
12 views

Which local bylaw allowed the Wigan Casino to host all-nighters?

The Wigan Casino night club (1973-1981) was central to the Northern Soul movement. Club goers were known to use amphetamines so they could dance and enjoy music until morning. In the documentary This ...
0
votes
1answer
74 views

When to stop responding to repetitive pre-action letters?

Sorry if this is not the right place to ask this, please point me to anywhere better suited! I've been receiving pre-action letters for a year from my ex-girlfriend's lawyers, saying they intend to ...
-1
votes
1answer
38 views

Does mens rea completely absolve responsibility/culpability of the parties involved?

Using the English Law's definition of mens rea does not meeting the standard of it completely absolve the parities involved of any guilt and responsibility for the incident. Mens rea Direct ...
-3
votes
1answer
98 views

What does 'in reliance on the security of their receipt' mean?

My questions Can I just substitute "security" for "secured transaction"? But then "in reliance on the secured transaction of their receipt" feels weird. How can you rewrite or paraphrase "in reliance ...
13
votes
4answers
4k views

Coronavirus - Exercise in a UK National Park

During the current Coronavirus lockdown in the UK (England), is it legal for me to: a) Drive for over one hour (alone) to reach the start of my walk. b) Walk for 4-5 hours (alone) keeping at ...
0
votes
0answers
28 views

Why doesn't Sudbrook apply, when two parties agree to appoint valuers but one doesn't and claims 'reasonable price'?

Poole, Shaw-Mellors. Contract Law Concentrate (4 ed 2019). pp 34-35. Please see the green side-lined box on p 35. Why doesn't Sudbrook apply? The facts in the practical example liken Sudbrook more ...
3
votes
2answers
135 views

How do I deal with casual trespass

Suppose that someone walks on to my land and refuses to leave. Trespass is not a crime, so (as I understand it) the police can't help. I'm not allowed to use physical force to eject them because that ...
-1
votes
1answer
41 views

“as long as there is an implied term that B is not B”

I can't grasp the meaning of "A believes that B who pretends to be C is not B (whether C exists or not)". How can B, who pretends to be C, be not B? Again "B is not B" doesn't make sense to me! I'm ...
-1
votes
1answer
56 views

A believing ‘B to be not B’, and by implication someone else (not void) v. A believing ‘B to be C, mistakenly believing that C exists’ (void)

I can't grasp the distinction boldened in the quote below. How does A believing ‘B to be not B’, and by implication someone else differ from A believing ‘B to be C, mistakenly believing that ...
0
votes
0answers
27 views

Financial settlement - Consent order in England

I have just applied for my decree absolute today and my wife has said she will complete the consent order papers and statement of information in a few days. Can i submit the consent order in court ...
0
votes
1answer
79 views

What's the tiniest modification necessary to convert a bilateral, to unilateral, sales contract?

While trying to modify as little as possible, how can I make the bilateral sales contract in Practical Example 1 unilateral? What if I copy and paste Practical Example 2 and modify like it this? ...
-1
votes
1answer
69 views

If cost or repair weren't recoverable, then how would've the obligation broken been treated?

I don't understand the boldened phrase at the bottom of the quote. Recoverability of cost or repair may affect the quantum of damages awarded by the judge, but why ought recoverability affect how the ...
0
votes
0answers
45 views

Is it legal for me to prototype simulated gambling software in England?

I am a programmer in England, and am potentially interested in one day working to open a licensed online casino. I have several ideas about products I would like to work on, but am a bit confused as ...
-1
votes
1answer
49 views

“Intention that implies false statement of fact that”, “Opinion that implies false statement of fact that”

Do the two that-clauses below bewilder you too? How can they be rewritten more basically? 1 flummoxes me as it contains 2 "opinion"s. But I grasp that "opinion is held on reasonable grounds" ...
0
votes
0answers
16 views

Indemnity v. Restitutionary/Reliance Damages

How does "indemnity" differ from "restitutionary/reliance damages"? Why do these four textbooks all still write "indemnity", when the first textbook quoted below advises it's "more accurate to ...
1
vote
2answers
110 views

Innocent Misrepresentation v. Mistake

How does Innocent Misrepresentation differs from Mistake? Scriven Brothers & Co. v Hindley (1913) (quoted below) illustrates my bewilderment. Defendant made a false statement of fact, acted upon ...
0
votes
0answers
54 views

Can one claim adverse possession by simply securing an existing boundary in England?

A small (.5Acre) plot of land sits adjacent to our property boundary, officially designated "grazing land" it is in practice wild scrubby, sometime-flooded ground that sits between our garden and the ...
8
votes
1answer
733 views

Where is the £60 fine for school absence legislated?

In the UK there is apparently a £60 fine per child "per absence" (not sure if this is per day or per contiguous block of days) for taking them out of school. Where is this fine legislated? The only ...
-1
votes
1answer
56 views

Why are unlikely hypothetical breaches overlooked, because most clauses operate punitively?

Poole, Shaw-Mellors. Contract Law Concentrate (4 ed 2019). p 166. Distinguishing liquidated damages and penalty clauses This is a question of construction of the contract and public policy. ...
0
votes
0answers
14 views

Why would a sub-contractor lie outside s. 1 test of enforceability in the Contracts (Rights of Third Parties) Act 1999?

See the second para. beneath. Doesn't the bolded clause cover Fred? Here's s 1 of the CRTPA 1999. Poole, Shaw-Mellors. Contract Law Concentrate (4 ed 2019). pp 96-98. Template problem ...
-2
votes
2answers
95 views

Why court action would probably be required to enforce the strict legal position so that it would be necessary to initiate proceedings?

Why would you "probably be required to enforce the strict legal position so that it would be necessary to initiate proceedings", when you can just rely on Tool Metal? Poole, Shaw-Mellors. Contract ...
0
votes
2answers
94 views

UK - Refunds on digital services

I'm currently working on a business as a sole trader providing scalable servers to clients, they are billed monthly. I'm aware the consumer rights act also affects digital goods, so whats to stop ...
1
vote
1answer
164 views

Rape video on phone

This question is for England-and-Wales only and relates to criminal Law. If the police were to search a suspect's phone, although I doubt it makes any difference as to whatever the device is, what ...
0
votes
1answer
53 views

Is giving incorrect information to reduce an unenforceable “debt” fraudulent?

In a scenario where party A has requested party B pay a sum of money, but party B believes (with good reason) that A has no legal way of enforcing this so-called debt, would it be considered fraud if ...
0
votes
1answer
65 views

Does signing for someone else's letter containing a fine make the original recipient liable to the contents of the letter?

I am a UK resident and during a road-trip I made to Italy I (unknowingly) went to a restricted road which I was not allowed to go in. This apparently resulted in me being liable for a fine. However I ...
4
votes
2answers
316 views

What happens when evidence comes to light outside the Statute of Limitations period?

I suffered damage as a result of defamation, through a previous employer breaching laws against disclosure of information. I spoke to a lawyer at that time and was told my chances of success were ...
1
vote
1answer
49 views

How do I find out if a company I want to claim against has a UK address

I intend to take Norwegian airlines to court to claim for unpaid compensation. This is NOT a question about whether I am entitled or not, I need to know to whom I should address the small claim. The ...
0
votes
3answers
94 views

Why would binding someone abolish an exception to the rule that bargains bind?

I don't fathom the emboldening. Who is he and him? The creditor or debtor? Pls see title. Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p 89.       MWB has now been ...
1
vote
2answers
89 views

Why's it nonsense that a contractual variation is enforceable if the other side’s obligations are altered trivially, but not otherwise?

What exactly does otherwise mean? What are the other wises? wise means manner/extent. O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p 106. 5.55 Furthermore, there are several more ...
1
vote
1answer
166 views

Why did a landlord buy a tenant's leasehold interest in the landlord's property?

Pls ELI5. The Landlord (Hughes) unmistakably owns the property leased to the lessee (Metropolitan Railway Co). Thus why did a Landlord buy the lessee's leasehold interest in the landlord's own ...
-1
votes
1answer
43 views

For what “apparently formalistic procedural reasons” would courts deny potential illegality to continue unchallenged?

I read the judgment on BAILII, but still don't grasp the meaning of the boldening. Bradley, Ewing. Constitutional and Administrative Law (2018 17 ed). p 683.       Claims for ...
2
votes
1answer
32 views

Why would estoppel allow officials to play fast and loose with legal rules and the limits of a public authority’s powers, duties or jurisdiction?

I read all three cases in footnote 193, but they don't explain the boldening.       At an earlier time, the courts rejected the use of the private law doctrine of estoppel in easing ...
-1
votes
1answer
23 views

2 meanings of 'power in Admin Law – 'authority to restrict or take away the rights of others' v 'the capacity to act in a certain way'

See emboldening pls. What are the other differences between the two meanings of 'power'? I don't reckon I spotted any! Isn't (b) just a type of (a)? 'authority to restrict or take away the rights of ...
2
votes
2answers
49 views

How does automatic specific enforcement allow claimants 'to sell the right to specific performance for more than the performance's true value to him'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 557. Counterpoint The current level of damages awarded is the outcome of balancing the various policies identified in Chapter 13. If we ...
0
votes
1answer
35 views

Why's it paradoxical that Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’s right?

I scanned both pages. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 538. Paradoxically, Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’...
1
vote
1answer
27 views

Can a schedule be a separate attachment in an email?

I have a contract which refers to schedule 1 which is another document. However in order to be able to add the document referred to in schedule 1 to the same document as my contract, I would need to ...
0
votes
2answers
148 views

Can I refer to another contract in a contract?

Should state that I am in the United Kingdom (England specifically if that makes a difference). I have a contract I want to make for a web design job and I have created a contract that lays out the ...
0
votes
1answer
32 views

Why did EWCA conclude that Gilchrist Vending v Sedley Hotel Ltd consisted with the principle that nominal consideration sufficed?

I'm asking about the red underline. John D McCamus. The Law of Contracts (2012 2 ed). p. 229 Mountford & Anor v Scott [1974] EWCA Civ 10 (17 October 1974) The third ground of attack on the ...
1
vote
1answer
59 views

Is it lawful for some English NHS trusts to stock more kinds of medications than others?

Factual Situation My daughter lives in an area covered by a NHS Trust beneath that's not Oxford. Her migraine can be only treated with a triptan on Oxford's formulary, but not her own area's, like ...
0
votes
1answer
30 views

Meaning – relevant clauses contained a carve out in the event of fraud

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356. Application [of Contracts (Rights of Third Parties) Act 1999] to case law The first reported case on the Act, Nisshin ...
0
votes
0answers
14 views

What are 'defensive’ rights under an exclusion clause?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356. Application [of Contracts (Rights of Third Parties) Act 1999] to case law The first reported case on the Act, Nisshin ...
0
votes
0answers
18 views

What does 'a third party takes the benefit of rights' mean?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356. Application [of The Contracts (Rights of Third Parties) Act 1999] to case law The first reported case on the Act, ...
0
votes
0answers
16 views

Why did McAlpine (M) sue under the main contract between M and Panatown, rather than under the duty of care deed between M and UIPL?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). BAILII has Alfred McAlpine Construction Limited v. Panatown Limited [2000] UKHL 43. p 349. Benefits in construction contracts ...
1
vote
1answer
51 views

If D leases a house to C for C's promise to renovate it personally, why can't D get specific performance of C's obligation?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 337. The question has arisen whether mutuality needs to have been present from the outset—from the time of entering into the ...
0
votes
2answers
54 views

How can loss be difficult to quantify, but be a familiar type for which damages are frequently awarded?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). pp. 318-319. As to the application of the law to the facts of the case Lord Reed continued by saying, at paras [98]–[99]: I now ...
3
votes
0answers
28 views

In England & Wales, how much latitude is there in the phrase “at business premises” in VERA S.29(2C)?

In the Vehicle Excise and Registration Act 1994 (as amended), Section 29, Subsection 2C, an exception is made to the offence of using or keeping a vehicle which is unlicensed, "if the vehicle is kept ...

1
2 3 4 5 6