Questions tagged [england-and-wales]
Questions specific to England and Wales
930
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3
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Still be questioned without a solicitor?
In the United Kingdom, England and Wales jurisdiction, when someone is arrested they are read a caution.
If at that moment, the person declines to give a statement, and then asks for a solicitor, can ...
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0
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78
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Can probation contact employers?
In this scenario, pretend John has a criminal record for two counts of Assault by Penetration contrary to section 2 of the Sexual Offences Act, after he was found guilty during trial. He was sentenced ...
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2
votes
1
answer
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The nature of do not contact requests and crafting one that is irrevocable and permanently keeping away an ex
Firstly, as a premise, what is the legal effect of expressly asking one not to contact them? Does it alter the nature of any future attempts to do so that are not of a legal-procedural nature? Off the ...
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1
answer
157
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Why do no marketing standards apply to coconuts?
According to a recent answer coconuts are subject to neither the specific marketing standard, nor the general marketing standard. By reason of which legal provision is this so?
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3
votes
2
answers
370
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Overriding offered contract acceptance methods with express written declaration
Bob would rather face the consequences of trespassing than pay for a license to occupy a privately owned parking spot.
He pulls into the lot which says “by parking here you agree to pay £10/hour.
Bob ...
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4
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0
answers
170
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If the police tell you not to drink does that have any legal force?
It is reported in the news that during an arrest of suspected protestors a police officer instructed one person that they could not drink their coffee with a reason that it may be poisoned. This ...
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2
votes
2
answers
90
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Have any recent US court decisions cited English common law?
As I understand it, the common law system in the United States inherited the body of caselaw developed by English courts up until the US declared independence, at which point we started developing our ...
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2
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171
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Must Frank the farmer indicate the macro nutrient contents of his fresh, direct to consumer milk?
Frank the farmer milks his cattle and bottles the milk directly from the udders with no pre treating or processing involved. He then brings these bottles of fresh milk to various farmers' markets ...
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1
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1
answer
77
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Lost merchandise: Replacement or refund
Bob ordered something on eBay from a seller and wins the auction for £40. The item is in good condition but more usually goes for closer to £150. Perhaps it has some uncommon quality that especially ...
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2
votes
0
answers
49
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What are the limits to what the information commissioner can take action upon?
It is in the news that a doctor inappropriately accessed and distributed a patients medical records. They did this through their employer, Cambridge University Hospitals (CUH) at Addenbrookes. The ...
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0
votes
1
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Can one explicitly use medical research to offer unlicensed patented treatments?
English Patent Law includes an exception for "experimental purposes":
(5)An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do ...
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1
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102
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Legal bindingness/validity of implicit/presumptively entered contracts for occupancy fees
Bob advertises, openly and conspicuously, on the EXTERIOR FRONT of his guest house that people are permitted to occupy rooms therein for £60 per night. They may come in and pay before receiving keys ...
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1
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153
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What is the legal status of private parking charges fines? [duplicate]
Bob receives a letter from Debt Recovery Plus about an overtime parking charge from a private “creditor”. What legal authority do they have to levy such fines and what is the worst that could happen ...
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2
votes
2
answers
129
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What is the legal situation if you perform a citizen's arrest on a security guard?
The law on citizens arrest is here and summarised by the police here:
How do I know if I can make a citizens arrest?
You can make an arrest if the suspect is actually committing the offence or if ...
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3
votes
0
answers
76
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Under what law were the Republic protestors initially detained?
The detention of the Republic protestors at the coronation is reported so:
At around 6am on the morning of the coronation, Smith and his colleagues brought down the amplifiers and megaphones from ...
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4
votes
1
answer
165
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Is an arrest legal if no reason is given?
From the UK Government website:
The police arrest procedure
If you’re arrested the police must:
identify themselves as the police
tell you that you’re being arrested
tell you what crime they think ...
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3
votes
2
answers
93
views
Why is a divisional court called a divisional court?
A court sitting with more than one judge is a divisional court. I am having difficulty seeing the relevance of the term to its definition.
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3
answers
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Why did US v. Assange skip the court of appeal?
The high court’s appeal was further sought to be appealed to the UKSC but not first to the EWCA. Why was the Court of Appeal passed over in this case?
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1
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1
answer
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When is the next significant date on the horizon in the judicial proceedings against Julian Assange?
Australian journalist Julian Paul Assange is in remand pending the CPS appeal against his triumph in the extradition proceedings against him for offences under the U.S. espionage act.
When is the next ...
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1
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188
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Are street preachers worthy of being sectioned?
Some of them are really ridiculous, like they stand on street corners where they are likely to harass the most people and often they don’t even speak the best (by which I mean the most intelligible) ...
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5
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1
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169
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Can it be illegal to not speak to the police until you have spoken to a lawyer?
It is reported that Ernest Moret was arrested for failing to answer police questions.
The incident was described as:
When the officers began questioning Moret, [his colleague Stella] Magliani-...
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0
votes
1
answer
65
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Does a Limited company need a licence to lend money to an individual in the UK?
A limited company (one director) lent money to me as an individual (£450,000). The initial loan was secured as a first charge on a property I owned but did not live in. Interest the first 2 years was ...
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3
answers
103
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How are business days to be counted?
Legally consequential instructions direct one on Wednesday the 3rd to submit something within 7 business days, and to expect a response within 7-10 business days. Are the weekend days of the 6th and ...
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23
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5
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What offence if any is committed by guessing a combination entry lock on a door?
If one effectively guesses the correct passcode to the lock so as to open it without causing any damage and then peacefully enters (seemingly a mere civil trespass) the (previously) secured premises, ...
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1
vote
2
answers
39
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Corporate Asset inventory discovery for enforcement of judgments
Bob has tried to resolve an issue with a large company’s customer service department to no avail. He then sends them a letter before claim and finally issues a small claim against them for the refund ...
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0
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1
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73
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Is it legal to sell photographs of a publicly displayed artwork without the creator's permission? (UK) [duplicate]
A person A creates 3D dioramas, which they display publicly outside their shop. These are displayed on a temporary basis, replaced by new dioramas every few months. Is it legal for a second person B ...
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0
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1
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74
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Why did the strict rules of evidence result in a debt being due twice, even though common law dismissed this as absurd?
As "the common
law held that a debt was due twice . . . [that proposition] would have been dismissed as
absurd", why wasn't this the end of the story for the debtor? Why was this "the ...
user50020
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1
answer
83
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Do general forms of judgments require judicial names or signatures?
Does Form N24 of the county court (general form of judgment or order) require a judge’s name or signature? If so, then what is the effect of one missing them? Does it have any implications on the ...
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5
votes
2
answers
224
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What is the law regarding playing in the street?
It is being reported that claims are made that is can be against the law for children to play in the street.
Liz Swift thought a basketball hoop on wheels pushed to the corner of her street on sunny ...
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1
answer
68
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Issues with asking if legal action have been taken? [closed]
I was working for a forum and have since left. To cut a long story short, I have an intrusive thought all day every day that he's going to take legal action against me, since we had a data breach(I've ...
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3
answers
156
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Perverting the Course of Justice - Does deception fit this crime? [closed]
My question: Does Perverting the Course of Justice 'apply' to those who try and garner 'evidence' using somewhat deceptive means, even if the evidence they intend to gain is accurate and lawful?
...
6
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1
answer
932
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Do I need a licence to fly a drone in public?
If I practice flying a drone in a public park not over gardens or using the camera for looking into windows do I need a licence?
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2
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115
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Dispensing items free for restricted purposes
Suppose a grocery chain charges £0.3 for carrier bags but gives out smaller and slightly flimsier ones for free, but they are imagined as only to be used for fresh produce to be weighed.
Bob sees them ...
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2
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In the context of third-party murder, is an unborn foetus a separate living thing? [duplicate]
Bob stomps on Alice's pregnant stomach, thereby causing the latter to miscarry. Did the former individual commit murder if the latter survived the assault?
Alice shoots Bob's pregnant stomach, thereby ...
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1
vote
1
answer
129
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What law could criminalise using prank calls to expose politicians?
It is in the news that a campaign group Led by Donkeys has made prank calls to politicians to show how willing they are to work with commercial companies for £10,000 a day. Former minister Stephen ...
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8
votes
1
answer
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Is it legal for a disability accomodation to inconvenience able-bodied people?
About 10 people and I cycle to work and have to swipe a card on a post to get through the gates.
Now, someone in a wheelchair has started working here too, and because the post's position was ...
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1
vote
0
answers
19
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Under what rules may money judgments be granted during possession proceedings?
Money awards are regularly granted in the course of possession proceedings, but what rule or rules of law enable and govern this practice?
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2
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0
answers
40
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Is it ever possible to "sell" the right to action a tort?
Suppose Bob discriminates against Alice on a date 1/1/2023. Alice has a right to sue Bob for this discrimination for some limited period, but she doesn't care to bother with the hassle of pursuing ...
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2
votes
1
answer
73
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Can a periodic tenant unilaterally lower his rent, with binding effect if the landlord does not properly appeal the notice within 3 months?
Section 6, HA1988 provides:
(2)Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the ...
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1
vote
1
answer
57
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Does S5(5A), Housing Act 1988 have any effect on typical PRS tenancies?
S5(5A), Housing Act 1988 refers to rights "of pre-emption":
(5A)Nothing in subsection (5) affects any right of pre-emption—
(a)which is exercisable by the landlord under a tenancy in ...
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24
votes
2
answers
8k
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Do cats have a "right to roam" in the UK?
I've seen numerous sources, including the RSPCA, making claims along the lines that cats in the UK have a "right to roam", are "free spirits", and therefore that cat owners cannot ...
- 1,107
1
vote
2
answers
83
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Computer Misuse Act 1990 - Definition of unauthorised
My question is: What does "Unauthorised" mean? The legislation claims that it means not having "Consent" to access the system - does this refer to implicit or explicit? For example,...
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2
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1
answer
669
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When does name-calling become slanderous?
Usually, the difference between ordinary insults/name-calling and actionable slander is taken to be that non-actionable insults are either subjective statements that can't unambiguously be determined ...
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1
answer
153
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What is the difference between the terms defendant and Respondent?
It seems that there is perhaps a trend toward less adversarial terminology, so I wonder if it is that defendant was a more traditional term used exclusively historically, while Respondent has now ...
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vote
1
answer
66
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Is it normal for district judges first instance decisions to be appealed to circuit judges in other locations?
A judgment from clerkenwell and Shoreditch county court district judge (swan) was appealed to a circuit (?) judge in central London (Luba).
Isn’t the point of a circuit judge that they are the more ...
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1
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1
answer
48
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Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?
Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
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20
votes
7
answers
4k
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Are there any laws against either excessively loud motorcycles or riding such motorcycles inconsiderately in residential areas at night?
Loud disturbing motorcycles are awful but occasionally circle around certain roads after midnight up and down gratuitously if the objective is actually transportation. One would hope that there are ...
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1
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106
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Is it legal in England for unpasteurised dairy products to be sold in retail stores?
I understand that it is not legal to sell unpasteurised dairy products in retail stores in England, at least in the case of raw milk. (It must be purchased directly from farmers.)
But then one sees ...
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3
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1
answer
71
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What provision of the CPR requires any parties who might possibly be claimants to an action to be made defendants if they are not?
A blog site mentions a provision requiring all parties who might be a party to a claim to be listed as defendants if they are not participating as claimants, but I cannot find it again now that I want ...
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2
votes
2
answers
113
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If there is an error in a webpage that forms a contract how is that resolved?
Ecommerce websites tend to make the details of the sale a contract. For example a website that auctions used cars states predominantly:
Your bid is a contract between you and the listing creator. If ...
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