Questions tagged [england-and-wales]
Questions specific to England and Wales
1,039
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Recourse for biased judges presiding over trial
Alice has brought a civil claim against Barbara, and the paperwork has all been filed as directed in the written case directions. Alice has been self representing while Barbara has hired Barry as her ...
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72
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Are tribunals fully adversarial?
In England there is a system of tribunals as well as various courts. Are they entirely adversarial as well as the courts are?
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3
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152
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Can courts be expected to proactively research and have regard to relevant case precedents?
It seems that often statutes are binding on courts even if neither party is aware of our calls the court’s attention to them. They will proactively introduce the relevant provisions into the equation ...
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82
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Where in the law is the notion of a squatter defined?
Is the notion of a squatter defined as a legal concept anywhere in the law? My understanding was always that it is legally defined as one who resides in a premise who had initially entered as a ...
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757
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Why were the sentencing remarks for Anne Sacoolas available online?
What determines when a criminal case’s sentencing remarks are available publicly or even exist in written form in the first place?
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What court was Anne Sacoolas tried by?
I’m guessing either Magistrates or crown court. I know it was the central criminal court which I suppose is a location of the crown court, but i don’t really know.
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Is the CPS a data controller for its defendants?
Alice was charged with an offence by the CPS. Is her file with the subject to the DPA 2018?
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2
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166
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Why was Anne Sacoolas not committed for contempt of court?
CIA employee Anne Sacoolas skipped bail when she was supposed to appear for her sentencing for running over and killing a British youth.
Her excuse was that her employer had instructed her to do this. ...
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81
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What is the difference between a money order and a money judgment?
Presumably there is some distinction as it is made in the name of the so called register of orders fines and judgments. So what is the difference?
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47
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Conditional intent with reasonable belief that the condition cannot be met
D1 and D2 carry out a burglary (offence A). D1 acts as principal,
entering the premises and stealing. D2 assists or encourages D1 by
acting as a lookout. However, In the course of the burglary, D1 ...
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1
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68
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Is it reasonable for a data controller to require proof of one’s address before honouring a subject’s right of access
Alice has requested access to her personal data from a shopkeeper.
Barbara has submitted a SAR to a police force for BWV footage.
They both require one item of identification and another for evidence ...
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2
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230
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Must Alice provide ingredients for baked goods she sells produced by a third party
Alice’s Restaurant sells pastries prepared by Bob’s bakery but when asked for ingredients listing she suggests that a customer look at Bob’s bakery’s website or if that fails then even looking to its ...
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105
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In UK, how hard can you hold a builder to their quoted price?
I was hoping to have some building work done in England and got two quotes: I would have liked three or four, but it was quite enough work to get two. To my surprise, they different hugely: one was ...
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When and how did the adversarial aspect of the criminal justice system originate, and to what extent is/was it actually adversarial?
As I understand, originally all judicial courts derived their authority from the crown. So too, was the prosecutor in criminal matters referred to as “the crown.” So the crown is both the judge and ...
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What is the principle underlying prosecution costs orders?
The most obvious rationale would be a sense that the public purse should not suffer for the crimes of an individual, while the cost of prosecuting and giving a fair trial to an ultimately innocent ...
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Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?
According to media reports, NX121 is set to appear at Westminster Magistrates Court. But isn’t murder an indictable only offence?
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What is the most likely offence, if any, committed in England by vegan extremists displaying graphic footage of slaughter in public?
Vegan activist groups such as “anonymous for the voiceless” go out to public places in order to openly display video footage of gruesome cruelty to animals, materials showing sexual abuse of animals, ...
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What was the closest parallel to common assault prior to CJA 1988?
Common assault appears to have been defined by statute in the criminal Justice act 1988. How were comparable incidents prosecuted before this?
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101
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What is the statute of limitations for making false police reports?
Meet Alice. Alice knowingly made false reports to the police. For how long after this occurrence may this crime be reported and proceeded against Alice for?
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3
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232
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Legality of charging customer service for one’s time spent dealing with them
An acquaintance has a practice of charging companies’ customer service departments £50 per 30 minute increments of his time spent addressing issues with them on the phone. I don’t think he’s ever ...
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1
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74
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By what principle may county courts in London be expected to follow certain past decisions?
"Now we have a county court appeal judgment on the issue, from HHJ Luba KC. Still not a binding precedent, but of persuasive value (and will be followed in the London courts). " https://...
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107
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Moving into dirty property? What are my rights [England]
I just moved into a property in England, and the place is absolutely filthy.
For instance, the bathroom has not being cleaned, the walls, carpets, kitchen and so on are proper dirty,
And there are ...
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What is a “designated civil judge” of a county court?
See this page that lists them: https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/leadership-judges/designated-civil-judges/
But what is the idea of this post?
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43
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When are county court decisions binding upon the “London region” of the county court?
And what unites or defines the “London region”?
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Alimony in England
My understanding is that alimony, in England, is decided by the courts. This gov.uk page, for instance, says:
The court sometimes tells the person with the higher income to make regular maintenance ...
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92
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Can a terminated commission based legal representation relationship give rise to expectation damages in England?
Meet Alice. She has a legal claim against Bob. She contracted Larry the lawyer to represent her in this matter and essentially run the case for her on a no win no fee percentage of damages commission ...
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1
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71
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When and where are decisions by the various tiers of the county court binding?
Apparently there is only one county “court,” in that the county court throughout all of England if not also Wales is really just one big court that sits in various different locations throughout the ...
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72
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What is the regime for calculating compensation for data breaches?
There seem to be firms that basically specialise in this as their business model… so there must be a reliable basis for predicting damages whether it is an established body of case law or statute ...
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105
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Is it lawful to allow men to be in a venue topless while requiring women to wear shirts?
Along the lines of other recent questions, is the above described policy one of sexist discrimination?
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128
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Can dress codes arbitrarily/unilaterally define types of garments?
A foodservice venue prohibits men wearing nothing but a pair of spotted boxer shorts, and perhaps a tank top (commonly called undershirts) or T-shirt, on the basis that it “is underwear” (what makes ...
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2
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Is it lawful to maintain different, independent dress codes for male and female guests to a business/venue? [duplicate]
Some venues/events will specify dress codes for each sex by defining the male code as smart casual and females should wear cocktail dresses etc.
But what if these are less congruent, where females are ...
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134
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Offering to “settle” a criminal matter as a private citizen
Meet Alice. Bob has committed a crime against her and she commences a civil action against him, but the civil damages are minimal and Bob is unfazed and happy to pay them because continuing to commit ...
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What form of legal action is being taken by Ellen Elphick against the Royal ballet school?
Her accusations include body shaming and toxic pressure to lose weight but what forum would this be in and what type of procedure is it? What laws is it under?
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what is the time limit on seeking costs orders for county court judgments?
What is the usual manner for seeking costs orders for court judgments, and can it be done after the fact if another party had acted unreasonably yet one was unaware that costs orders could be possible ...
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Are punitive contractual clauses enforceable?
Another answer suggests that in England and Wales they are not. But under what provisions wouldn’t they be? Why or why not?
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Does Sch. 29 of the 2020 Coronavirus Act remain in effect or has it been repealed?
Corollary: if CA2020 no longer has effect either because it has been repealed, or because the prescribed period has simply expired, is there some reason why there has been no further updates to the ...
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Can one define custom penalties for copyright violations as the copyright holder? [closed]
Meet Bob, the creator of an intellectual work and holder of its copyright.
He perhaps enrobes the software in a clickwrap style agreement which states: pressing continue signifies that you agree that ...
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Is it Legal for an organisation to require members to either use other people’s preferred pronouns, or to declare their own pronouns when asked to?
The main relevant regime that comes to my mind is indirect applications of the religion/belief characteristic of the equality act but I hope that answers don’t limit themselves to just such frameworks....
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3
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158
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What is the significance of an invitation to treat?
I was just in a café and the menu board listed iced chai for £2.9 (hand-written, dry erase white board). When I went to order they charged me £4.6 on the machine. After posting it and realising what I’...
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2
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108
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If one claims scientific justification for a belief do you lose protection for that belief under the Equalities Act?
This recent excellent answer discusses the Grainger test, and states:
(ii) It must be a belief and not an opinion or viewpoint based on the present state of information available.
Particularly, a ...
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Can a limited-days-per-week let confer a tenancy? [closed]
Alice has let a property to Bob but requires it to be available for herself on Saturdays and Sundays. (Or perhaps merely Wednesdays.)
Can Bob in any circumstances then be said to have been granted a ...
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2
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145
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is the duty to make reasonable adjustments reflexive?
If Bob requests a reasonable adjustment from a member of a business’s staff, and they refuse on the grounds that they cannot do such things according to their organisation’s internal logic despite the ...
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4
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1
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What does criterion 2 of the Grainger test mean?
The second criterion of the Grainger Test when ascertaining if a belief is protected under the Equality act is:
The belief must not simply be an opinion or viewpoint based on the present state of ...
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65
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Can a written notice of reason for withholding a holding deposit be given electronically?
Bob has gone on a viewing for a property and put down a holding deposit. Most of the communication about the property was with an agent via WhatsApp. However at a certain point he was asked to email ...
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2
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76
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How can a penalty charge notice result in adverse impact on one’s credit score?
If one totally neglects and disregards penalty charge notices and the ensuing proceedings etc can it result in adverse effect upon one’s credit score?
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What is the legal implications of failure to pay Ultra Low Emission Zone charges?
Bob has driven through the Ultra Low Emission Zone but not paid to requisite fee. What are the legal consequences of this for Bob?
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4
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2
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873
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“No returns” policy for private individuals selling items “buy it now” style on eBay
Alice a private individual (natural person not acting in the course of business) lists an item she doesn’t need anymore on eBay, though not as an auction. She specified in the listing “No returns.”
...
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3
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2
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627
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What is the purpose of a victim impact statement?
In criminal proceedings there is an option for victims to make a Personal Statement (also referred to as an impact statement) as to how the crime affected them emotionally. What function does this ...
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169
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What is the legal definition - and consequence - of “pressure selling”?
A term used in enough appropriate contexts to suggest that its origin is in some law or other is that of “pressure selling.”
What is the definition of this practice, and is it prohibited? If so, then ...
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Are online auction sales subject to the sale of goods Act?
Certain commercial regulations have specific exemptions for auction sales. Does the sale of goods act apply to auction sales? If not, what consumer protection regulations govern them?
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