Questions tagged [england-and-wales]

Questions specific to England and Wales

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0answers
53 views

Livestreaming a display of hypnotism to Britain from abroad? (Ref: Hypnotism Act 1952)

The British Hypnotism Act 1952, of which sections are variously in force in England and Wales and in Scotland, concerns demonstrations of hypnotism at "places licenced for public entertainment&...
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1answer
48 views

Reasonable amount of time to assume terms are agreed (UK/England)

Bit of background on this question; A group raised a conflict of interest dispute against our group - we immediately took necessary steps to remedy this action. We let them know within a day that we ...
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33 views

Is a covenant with missing documents enforceable?

We are in the process of purchasing a property. In the register of title, there is a covenant between the original land owner (seller) and a developer company (buyer), as shown below. Our solicitor ...
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1answer
67 views

How is 'severe distress' defined in UK Coronavirus regulations?

The The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020, Part 2, Regulation 3 states: (1) No person may, without reasonable excuse, enter or ...
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1answer
19 views

Violation of Title Deed Covenants

Title deeds in England often stipulate a list of restrictions and obligations. I am unclear though who can enforce them and how. My current title prevents me interfering with people trying to attend a ...
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2answers
43 views

Can a company waive liability for a self-employed contractor without the end client being a party to the agreement?

Consider a self-employed web developer whose work is outsourced from another web development company. That developer could be liable for any mishaps and could be sued by their clients. The web ...
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1answer
47 views

Follow-up question about summary only offence

I am following on from a question that I posted here. Person A: Reported suspect for one indictable offence. Person B: Reported suspect for several summary only offences. I understand based on the ...
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1answer
417 views

Can the police seize your phone without a warrant UK?

This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland. If the police arrest someone over a ...
6
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1answer
740 views

Did the Buckingham Palace intruder commit a crime?

Having just watched the episode of The Crown (Netflix series) dealing with the break in at Buckingham Palace in 1982 by unemployed man, Michael Fagan, I looked up the Wikipedia entry on the matter and ...
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2answers
61 views

How long can an employer keep financial details after employee has left under GDPR?

I finished a job in 2019, but just received notification of a data breach at that job in 2021, and my bank account number, sort code, national insurance number, full name, address and date of birth ...
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1answer
101 views

UK Law Question (England): Can I Sue someone if they post a video of me on social media Without my Consent?

Scenario: Someone starts talking to you while they record you without you knowing it. You notice they're recording you and they tell you the video is going on Youtube. You tell them that this is only ...
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1answer
80 views

Can you take decisions of mental health tribunals to the High Court or the Court of Appeal in the UK?

My Legal Skills book by Stefan Fafinski and Emily Finch, says it's possible to take decisions based on tribunals for: immigration, social security, child support, pension, tax, and land to: High ...
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1answer
82 views

What can be done regarding gathering possessions from a rented student house where someone is unable to visit due to bullying? [closed]

A bit of strange circumstance: I have already looked online on various Housing charities and legal forums, but I haven't been able to get an approach that meets the specific circumstances as this ...
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1answer
39 views

What 'Notice of charge' fee applies when not specifed in a lease?

I'm a leaseholder of a flat, currently going through a remortgage in the UK. The lender's solicitor has told me that they're waiting to hear back from the landlord on what "notice of charge" ...
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0answers
98 views

Can the landlord force viewing of apartment during lockdown? (England)

My landlord is considering selling the flat I am currently renting and would like to arrange viewings. However, we are still in a national COVID lockdown, and I do not feel comfortable letting people ...
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1answer
66 views

Is there a legal definition of maintaining another (paying maintenance) in English law?

In the legislation for Inheritance (Provision for Dependants) Act 1975 it states that "any person (not being a person included in the foregoing paragraphs of this subsection) who immediately ...
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2answers
125 views

End of tenancy and COVID notice period

I'm in England, UK. I own a flat which I rent out, and live elsewhere with my girlfriend. We broke up and I need to go back to my flat. Under COVID law, I need to give 6 months' notice to my tenants, ...
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4answers
134 views

How can an un-enforce-able contract still be valid?

I don't understand how a contract can be UN-enforce-able, but still valid? Doesn't "uN-enforce-able" mean "invalid"? Presuppose that your surgeon doesn't email with patients, you ...
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1answer
65 views

What does it mean to grant rescission on terms?

Kindly see the embolded phrase below. 18.5 Remedy There is no tort of undue influence. As a result, C cannot recover damages from D if a claim in undue influence is successful. This is sometimes ...
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1answer
441 views

Is it illegal to carry an improvised pepper spray in the UK?

Civilian possession of pepper spray is banned in the UK, due to its use in self-defence. There are, of course, many household items that can have a similar purpose. While not nearly as effective, no ...
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1answer
50 views

How does a 15% discount on a car's price evidence reasonableness of an exemption clause?

I don't understand how a 15% discount on the car's price "favour[s] DM". It DISfavours DM because it reduces DM's profit! Anyways, I don't understand how it points "to the ...
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2answers
162 views

Why can you be convicted for conspiring to project indecent images into the night-time sky, but not conspiracy to defraud a dead person?

I don't understand the difference between these two examples, because in both cases, the goal is scientifically impossible! What does "if the means used to achieve the purpose are impossible&...
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1answer
176 views

What explains the contradictions among English accomplice and inchoate offences?

What's the intuition why some conspiracies and attempts are offences, but not others? I'll just list 2 incongruities. I. Why it's "possible to convict someone of conspiring to commit a ...
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1answer
51 views

Isn't “conspire to conspire” the same as “conspire”?

Kindly see the boldened phrase below. If you conspire to conspire, then you conspire, correct? Then how does "conspire to conspire" ultimately differ from "conspire"? An agreement ...
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1answer
59 views

If a defendant was threatened with grievous bodily harm unless he caused grievous bodily harm to another, why can't he rely on necessity?

Kindly see the embolded sentence. Why can't such a defendant rely on Necessity, but can rely on Duress of Circumstances? 2.5 Duress of Circumstances In some cases where the defendant does the lesser ...
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1answer
86 views

Can you opt to take your case at a standard prison adjudication to crown court?

Can you yourself opt to take your case at a standard prison adjudication to crown court, if you feel it is a very serious case and/or the Governor does not have enough knowledge in law to judge it as ...
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1answer
51 views

If defendants can be charged for both the attempted and completed offences, why prefer to indict just the completed offence?

I'm assuming "preferment" means preference, but I don't understand it. s 6(4) assumes that Defendant completed the offence. Why would've Defendant been charged with just the attempted ...
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1answer
65 views

How does s 1(3) of the Criminal Attempts Act explain the conclusion in Pace and Rogers that suspicion wasn't enough for that impossible attempt?

Below I boldened that sentence questioned in the title, and excerpted the fact patterns of the two cases. Please apprise me if you need any more quotations from these cases. All quotes from Herring, ...
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1answer
59 views

What determines whether a mistake is fundamental and ownership passes?

This textbook doesn't expound how to determine whether a mistake is fundamental enough. Assume that A and D mightn't have contracted. Under section 5(4) of the Theft Act 1968: Where a person gets ...
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2answers
64 views

How does Theft Act 1968 s 4 exclude trade secrets?

Information Information is not property. In Oxford v Moss10 a civil engineering student copied an examination paper and then returned it.11 The Court of Appeal quashed a conviction for theft as ...
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1answer
72 views

Why are service or maintenance contracts called 'warranties', when they legally aren't warranties?

The expression 'warranty' legally signifies? Please select all that apply. a term of a contract as opposed to a representation. The term 'warranty' is used to distinguish between a term (warranty) ...
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1answer
37 views

Why would a Solicitor Advocate QC still instruct QC and junior barristers?

In Serafin v Malkiewicz & Ors [2020] UKSC 23 (3 June 2020), David Price QC, Solicitor Advocate instructed two QC and a junior barrister for the appellants. But then what's the point of the ...
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1answer
95 views

Are “To the maximum extent as permissible under law” exemption clauses too uncertain and litigation-prone?

This clause is from a commercial landlord's offer in England. Isn't it too disputable and vague?? Firstly, it wrongly assumes that the "law" on exclusion clauses is settled and certain. ...
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1answer
66 views

Why can't a public body exercise its powers for any purpose allowed by the empowering statute?

In this online multiple choice question, I picked the last choice. I agree that the first choice is true, but why's the last one wrong?
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3answers
103 views

Why does the principle of unreasonableness not involve any consideration of a decision's merits?

I don't understand Lord Greene's standpoint here. What exactly did he mean by "the merits of the decision"? How can unreasonableness not involve any consideration of the decision's merits? ...
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1answer
125 views

Can damages be claimed from someone who backs out of a contract (before signing)

Can a landlord (UK, English law) make a claim from a potential tenant who wants to back out of signing a Tenancy Agreement? If a tenant makes a repeated commitment (via emails, face-to-face ...
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1answer
33 views

Splitting a claim into several small claims

UK, small claims court question. Is it permissible to split a large claim into several small claims, against multiple defendants, arguing a different cause of action in each? Consider this ...
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5answers
4k views

In the UK, can a landlord/agent add new tenants to a joint tenancy agreement without the consent of the current tenants?

I am currently subject to a fixed-term joint tenancy (assured shorthold) agreement with two other tenants. One of the joint tenants wishes to exit the tenancy early. The tenancy agreement describes ...
2
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1answer
120 views

Under what circumstances are you required to stop and/or answer questions by the police?

After this case of suspected harassment by the police in England in response to refusal to provide a name while walking to catch a train I wondered when you are required to stop, and when you are ...
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6answers
6k views

“attempted murder” of a dead man?

This question inspired by an episode of a certain popular TV detective show. Mr Smith hates Mr Jones, and plots to kill him. Smith enters Jones' house, and shoots him in bed, while also setting up an ...
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0answers
39 views

Liability for false advertising

If a company claims that their product is superior to competitors' products and demonstrates their superiority by making an apples to oranges comparison (e.g. our product with default settings is ...
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2answers
247 views

Does “duty to rescue” apply to a child that one has no direct responsibility for?

This appeared in a comment on another SE site: If I am sitting by a deep swimming pool and see an unsupervised toddler child playing close to the edge - and then watch the child fall in and drown, ...
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1answer
62 views

UK - Tenancy Deposit Scheme - what is the exact process of return?

I moved out of the property I rented at the end of June. Same day I asked for my deposit back. Letting agency returned with the End Of Tenancy Report listing all defects they found on the 7th of July. ...
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2answers
78 views

Under the England and Wales Public Health (Control of Disease) Act 1984, can a police officer enter a house without a warrant?

Public Health (Control of Disease) Act 1984 As the title asks. It's such intense legalese that I can't get my head around it!
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1answer
117 views

Can a Civil Court in England and Wales force a university to award a diploma to a student?

I attend one of the world's best universities, where I recently completed a master's degree (MSc). I did very well in the modules, scoring mostly distinction grades. However, despite resitting an ...
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0answers
41 views

Requirement that terms not defined in a contract can only rely on the industry definition if “ubiquitous”

I had a reference to a case in english law where the judgment was that the supplier could not rely on the standard definition of a term within the industry, unless the other party was also active ...
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2answers
118 views

Are there legal consequences of being banned by a web service?

If you get IP banned from a website (like reddit), while youre on your phone, do you face any legal repercussions? Does it show up on your record? Do you get banned from other websites? Do the police ...
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1answer
143 views

Landlord wanted me to leave and is now refusing to return my deposit

I was evicted after complaints from other tenants in a House of Multiple Occupancy. The landlord refuses to return the deposit. I also received an email from the Tenancy Deposit Scheme (TDS) on 18th ...
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1answer
46 views

In the UK, can a private limited company have as its only shareholder a juridical person?

The reason I'm asking is that a bank refused to open a business current account for us upon me divulging the information in the title during the application process. In addition, the juridical person ...
4
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1answer
190 views

Is it illegal for my school to install spyware onto my own laptop?

My school installed something called 'Securus XT' onto my laptop. I knew it was meant to be a safeguarding thing but I didn't know they would be able to see every single thing I do on my own laptop (...

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