Questions tagged [england-and-wales]

Questions specific to England and Wales

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Common law occupation/"co-tenancy" rights trumping lease restrictions on cohabiting or reassigning?

If I'm not mistaken, under s30, Family Law Act 1996 a tenant's spouse or partner implicitly has the same rights to occupy a dwelling let by the tenant themselves and various illegal eviction rulings ...
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Pre action correspondence reciprocated and "fizzled out"

B unlawfully discriminates against C on January 1. C has 6 years under the limitations act 1980 to seek remedy under the equality act 2010. On march 5 he issues B a letter before claim requesting a ...
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What are the effective differences between an assured tenancy and an assured shorthold tenancy?

The Housing Act 1988 makes provisions for landlords to issue tenants notice - either before or during their tenancies - to declare that the tenancy is not to be an assured shorthold but rather merely ...
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1 vote
2 answers
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In Berrisford v Mexfield [2011], what does Lord Neuberger mean by 'a fetter of uncertain duration on the right to serve a notice to quit'?

I quote Lord Neuberger in Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 52. I grok fetter in layman terms, but this legalese noun phrase is packed with too many nouns! In ...
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2 votes
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in E&W, what is the "pre-action protocol"?

In Statutes of limitations and the pre-action protocol (PAP) it is stated that the "pre-action protocol (PAP) must be completed before a case is brought to court in England-and-Wales. Just what ...
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I think schools are not keeping to the new cost cutting regs on school uniforms

I have a discrepancy with my child's school because the new statutory guidance states that if schools use branded items they must be clear why it is needed. My Child's school requires logo on the ...
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2 votes
2 answers
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Statutes of limitations and the pre-action protocol (PAP)

Suppose A has a claim against B and the statute of limitations stipulates that it must be brought to the court within 2 years. Suppose 23,7 months elapse so there is still time (precisely 0,3 months --...
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How long must be given to a respondent to respond to a letter before claim in the pre-action protocol?

In the pre-action protocol, the claimant is to send a letter before claim to the respondent stating the basic facts of their position and more often than not these letters seem to ask for the ...
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2 votes
1 answer
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Who drafts or publishes the Civil Procedure Rules, and what is their legal status?

Are they a form of statute that get periodic parliamentary passage/assent? Or a form of secondary legislation? Or is the root of their forcefulness more in the authority of the courts under common law?...
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Do actions to be heard in a tribunal rather than court utilise the pre-action protocol?

I imagine the code of civil procedure as something that is set out and expected by courts. However I know it to be quite elaborate and technical, and not the most accessible to a lay man. Tribunals ...
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Is it expected to engage in the pre action protocol for tribunal Rent Repayment Order claims as they are not heard in an independent court?

Do tribunals even follow the full code of judicial civil procedure in the first place? If the answer to the titular question is "yes," then what should be done if one is less than two weeks ...
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3 answers
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Where is the line between an Assured Shorthold Tenancy and a more casual non-AST?

Assured Shorthold Tenants have relatively strong protections from eviction. But when does one gain this status when in more casual arrangements particularly in which the (sub?) Landlord requires ...
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5 votes
3 answers
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How far does legal gymnastics go to remove liability?

Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all ...
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1 answer
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How did balance of probabilities come to be called preponderance of the evidence in the US?

The civil standard of proof is rather than "beyond a reasonable doubt" (what criminal standards of proof are called in both England and the US), either the balance of probabilities or a ...
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1 answer
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Even if Plaintiff sues all 3 Defendants, wouldn't D1 and D2's arguments that D3 broke the chain of causation be identical?

I deliberately hedged each defendant's possible negligence. D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire. ...
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3 votes
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Tenancies and the GDPR

If Tim the tenant and Larry the landlord enter into a tenancy, then do either of them become a data controller of the others name and address? Does the landlord as the "provider" of the ...
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11 votes
6 answers
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Is it legal to own a photo of someone and spread it around without their permission?

Backstory: My friends has a picture of me, which I asked him to delete and not show to people multiple times, but he keeps it and shows it to people no matter how many times I ask him not to. Is it ...
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Does the doctrine of unlawful ouster apply throughout the common law world?

Like England for example? If so then why do English legal materials speak so much rather of illegal eviction than of unlawful ouster?
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4 answers
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Is there ever any consultation between judiciary and legislative draftspeople?

Often one sees judges attempting speculatively to infer legislators' intents by reasoning about their language. Yet nonetheless the objective seems to be to ascertain the legislators' original ...
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1 vote
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What are valid means of serving statutorily required tenancy information?

A landlord can't give their tenant a valid section 21 notice if the landlord has not previously provided the tenant with written information about the deposit and the scheme, the gas safety ...
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1 answer
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What did Hale mean by "survivor was authorised to give a receipt for the capital moneys"? Why's this relevant to establishing a common intention?

What did Lady Hale mean by "the survivor was authorised to give a receipt for the capital moneys"? As she wrote 'survivor', did someone die? Is "receipt" here like a receipt from ...
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Must energy providers cease collection on active complaints and pay £500 for ones referred to the energy ombudsman?

https://www.instagram.com/tv/Cgz4SgUFhnJ/ Specifically, is it true that energy companies are not allowed to undertake any debt collection activity on one's account after one has raised a complaint ...
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-3 votes
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Serving mandated accompanying materials to an eviction notice by email

On methods of valid service for an eviction notice, case law is rich, extensive, abundant, and unequivocally clear: electronic communications are not a bs valid method of service unless a tenant has ...
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2 votes
1 answer
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Do automatically generated notifications from deposit protection schemes' own computer systems adequately fulfill landlords statutory obligations?

Note: please provide citations on the issue to substantiate any answers. Under the housing act 2004 the landlord must furnish the tenant with information about their deposits protection within 30 days....
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1 answer
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Must a deposit be reprotected for each successive tenancy, even if both the tenant and property remain the same?

Suppose Tim the tenant signs a 1yr fixed term AST with Larry the landlord. Tim pays Larry a deposit, which he protects. At the end of the fixed term Larry and Tim elect to sign another fixed term of ...
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1 vote
1 answer
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What is the process and deadline whereby penalties may be sought from landlords For breaches of deposit protection obligations?

Suppose one paid a deposit and did not receive prescribed information confirming its protection within 30 days but only more than 8 months later. The landlord should be liable for 1-3x the deposit ...
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9 votes
1 answer
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Why would a savvy, skillful lawyer refuse to apply to be a Queen’s Counsel in England and Wales?

Assume that a lawyer is shrewd and skilled enough, has even been regarded and touted to be a future QC, and can swimmingly afford the application fee. In England and Wales, solicitors have become, ...
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13 votes
5 answers
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Getting paid by mistake after leaving a company?

Pretend someone worked at a company and was paid monthly. A month after leaving they are paid their severance, and should not receive any payment in the future. A month later, they are contacted by ...
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Landlord decided to do work after informing me the room was not supposed to be rent

My landlord informed me that my room cannot be let anymore because it is too small and he might get a fine from Barnet Council. He also told me to either move out or let him in to do building work in ...
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1 vote
1 answer
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Is the inability to bypass a duty free shopping area in UK airports a violation of the Equality Act?

In many airports in the United Kingdom, passengers are required to walk straight through a duty free shop (as in straight through it, not alongside its entrance) to get to the departure gates after ...
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4 votes
1 answer
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Legally, how does "prevail" differ from "will not be affected"?

Landlord — and I the Tenant — have agreed everything in a Commercial Lease, except one verb! Originally Tenant proffered All existing or future tenant legislation, rights and protection (e.g. against ...
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What is the landlords recourse for a tenant that doesn't leave after an expired notice to quit?

For most more common scenarios, there are clearer prescribed judicial procedures with defined fees etc. A solicitor advised me today that an expired notice to quit may be dealt with as a section 8 ...
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9 votes
3 answers
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Is there any criminal implication of falsifying documents demanded by a private party?

I typically imagine fraud as largely a civil affair for which one defrauded party may sue and pursue civil remedies against the fraudulent one. And obviously falsifying official documents typically ...
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1 vote
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Statutory Return of Laptop due to Faults Other than Hardware

If a consumer buys a laptop from the manufacturer and over the course of a few months numerous faults become apparent that render it unfit for purpose. These faults are all due to issues with drivers, ...
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-1 votes
1 answer
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Is the homes for Ukraine scheme in breach of the human rights act?

I can't really name it off the top of my head, but I want to say that there is an article of the HRA which prevents government policies and legislation itself from discriminating classes of people ...
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1 vote
1 answer
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Are asylum seekers, or refugees, liable for council tax?

It would make more sense i suppose for those with pending applications who are unable to work. But just wondering. Seen some pages online that are vague about it.
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1 vote
1 answer
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What is a landlords obligation and method of informing local authorities of a new tenant's occupancy?

What is the channel or method by which landlords communicate of a new tenants residence in a property to a council? And are they required to do this? Bonus points for the same thing but about ...
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0 votes
1 answer
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Shouldn't university refund 100% — not 50% — of students' tuition fee, to compensate the hours of teaching cancelled by industrial action?

Factual pattern. Many university staff joined the UCU Industrial actions from 2021-2. Many professors cancelled classes. After students requested a refund, many Universities replied like this Here is ...
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0 votes
1 answer
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What are the possible repercussions of failing to pay, or alternatively register for utility bills?

A common trope among self styled sovereign citizens is that there's effectively no real need to pay for utilities. Because they "can't" shut them off. I can easily imagine some human rights ...
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1 vote
1 answer
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What happens if one neglects, or declines, to pay one's council tax?

This link suggests that there are possibly no criminal implications, either summary or indictable, which is a little counter intuitive and somewhat hard to believe. As a form of tax, one would expect ...
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0 votes
1 answer
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What are common law cases " lost in the mists of time"?

A respected user writes in another answer: Long-standing precedents whose origins are lost in the mists of time What are these long standing precedents, how are they known, and how can they be ...
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0 votes
1 answer
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Is it permitted to use electric amplification in political demonstrations outside of the parliament Square estate area as of 2022?

There was a lot of talk from critics of the new policing bill saying that it would prohibit megaphones in protests, but it seems like the relevant provisions may actually just be extremely narrowly ...
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-1 votes
1 answer
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Why did Steve Bray have his sound system seized?

What was the legal basis for this? And what is the legal status is amplification systems used for political demonstration in England now? https://www.theguardian.com/uk-news/2022/jun/28/police-swoop-...
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9 votes
2 answers
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After flat owners buy a freehold, why must they grant themselves 999 year leases to set out residents' rights and responsibilities?

Please peruse ^^ the title of this question overhead ^^. I don't fathom the reason below for preferring a 999-year leasehold over a freehold, written by Nick Green on 20 June 2022. There can also be ...
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1 vote
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What are the actual new provisions that have outlawed using megaphones in protests or political demonstrations?

Newly passed legislation has caused certain political demonstrators to get done for demonstrating with amplified megaphones where they were completely allowed to do so in the past. What specifically ...
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0 votes
1 answer
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Is discussing sexually explicit content in public a crime?

I am curious as to whether there is any prohibition, in England & Wales, on discussing sexual content in public. The public location could include a street outside, or perhaps an office ...
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Is it possible for one to evade of of payment of a CCJ simply by claiming not to have money and then declining to open the door for a county bailiff?

Bailiffs have powers to enter through an unlocked front and back door to inspect and seize items of value. What if one sees them coming and keeps one's doors locked. What happens then? Do they not ...
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0 votes
1 answer
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If county court claim is issued to incorrect or old address, can a default judgment be entered against the respondent?

If an alleged debtor moves homes again and is then unreachable at his old address, or if the claimant simply has an incorrect address and serves the claim on this address, then the respondent can't be ...
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0 votes
1 answer
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What is the difference between S4 S4a & S5 public order offences?

Please explain the differences between these three similar but distinct offences.
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Can offences under S5 public order act be racially or religiously aggravated?

It is lesser in that it can't be imprisonable, and the criteria for conviction are lower, but can there be any religiously aggravated element of it?
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