Questions tagged [england-and-wales]
Questions specific to England and Wales
117
questions with no upvoted or accepted answers
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How did the “American rule” as to legal costs originate?
At some point the US diverged from its common law ancestor, the English system, and the respective divergences came to be known as the American and English rules. The American rule is that parties ...
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389
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Is it legal to format shift / strip DRM in the UK?
Suppose I have lawfully purchased an ebook for myself, on a permanent basis. Section 28B "Personal copies for private use" of the Copyright, Designs and Patents Act 1988 seems pretty clear ...
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6
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1
answer
530
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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 (...
4
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174
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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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Is it generally legally allowed for UK police to lie to people in the regular course of discharging their policing duties?
Generally speaking can one count on the words coming out of a British police officer in uniforms mouth as truthful? Under what circumstances is it permitted not to be? Is there any special ...
4
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119
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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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202
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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 ...
4
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2
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120
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Capping your claim in an English small claims court?
From what I understand, in English small claims courts the maximum claim is £10,000. Above this amount, the case needs to go through a different track.
If you are technically owed a greater sum than ...
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3
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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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3
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181
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Why can a trust be valid, but unenforceable? But not contracts?
I am quoting two Oxford University Law professors.
Aruna Nair wrote
Thus, while a trust of land may be created orally, a beneficiary will not be able to enforce any interest under it unless the trust ...
- 297
3
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121
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Can organisations like Extinction Rebellion be sued for costs incurred as a result of them protesting?
If an organisation like ER or specific others are planning to disrupt the airport's operation (re https://www.bbc.co.uk/news/uk-england-london-49509852) and that incurs me financial costs as I may ...
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3
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117
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Workplace law for dismissals and probation extensions
I posted a large amount of background info here.
In short:
I began working for a company in the UK on the 1st June this year. My 3 month probation was extended by one month.
The notice to extend ...
- 131
3
votes
1
answer
187
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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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3
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1
answer
138
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Building regulations inspection not done until almost 10 years after the works - still enforceable?
I bought and completely refurbished my UK (Midlands) house 10 years ago. This included removing the problematic old staircase and fitting a spiral staircase. In total, the only building regulations ...
- 143
2
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50
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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 ...
- 4,145
2
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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 ...
- 5,862
2
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1
answer
60
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Council Tax Rebate was sent to the wrong person
I have been renting a London flat since May 2021 and I had informed the council about the move. I even contacted them later on for other issues (environmental and nuisance). When I first moved in, I ...
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2
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0
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96
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When is age discrimination actually illegal?
Any information page on the protections of the Equality Act 2010 will list age among the protected characteristics, which it clearly is.
But a host of provisions seem to make exceptions to this ...
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2
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45
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How does the process for evicting a tenant from privately owned student halls differ from standard privately rented accommodation?
Many student halls are privately owned by for profit businesses. If a student renting a flat from a student only hall fails to leave at the end of a fixed term, is a possession order required to evict ...
- 5,862
2
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0
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70
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Can a squatter exclude a subsequent trespasser from a property?
Meet Bob. Bob is occupying a property as a squatter and is awaiting his hearing date for the interim possession claim. In the meantime, he is organising private underground music events in the ...
2
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0
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202
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What is the legal status of publicly exposing one's breasts in England as a female?
Section 66 Sexual Offences Act 2003 addresses willful exposure of the genitals, as described by this question.
Is there anything wrong with exposing breasts in public for women in England and Wales?
2
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70
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Tip of my tongue... What official source states that the government would like landlords not to view tenants merely as objects to extract money from?
I was recently reading some legislative document which stated in its preface/abstract/introduction/explanatory note that it envisions an England wherein it would like landlords to take their ...
2
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0
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42
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Can ones frequency/propensity of utilizing American (either debit or) credit cards' chargeback mechanisms affect the chances of future times' success
If one requests many chargebacks, can this degrade one's credibility in the credit card issuers/payment networks' eyes, or reduce the chances of future chargeback disputes being adjudicated in a ...
2
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0
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30
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Statutory basis of Border agents' obligation to make "reasonable accommodations" for vulnerable individuals?
In a brief but curtailed discussion with an immigration solicitor at a recent charity event, they began explaining that adults who were vulnerable due to mental illness, clearly palpable ...
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2
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50
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Are there limits on one's entitlement to have overnight guests as an assured shorthold tenant?
Whether in shared accommodation (ie, a house in multiple occupation) or as a sole occupant, can one be restricted on how many nights a month one shares one's room with another person?
2
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0
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37
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Options when contracted services being performed without reasonable care or skill
In England, under the 2015 Consumer Rights Act, services have to be performed with reasonable care and skill.
So what is a good, but legal, course of action when it becomes apparent during the supply ...
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2
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0
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133
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Why would a Landlord require a Tenant to sign an Offer to Lease that binds the Tenant to the Tenancy Agreement, rather than merely the TA itself?
I need to lease retail space at a shopping arcade. Landlords' Leasing Manager emailed me
Landlords structured its OTL to bind prospective tenants, even if they don’t sign the formal TA. Once signed ...
user89
2
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0
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80
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Can a wall fully on one's land be part-party?
I own a semi-detached house 10m tall. A large garage on the detached side shares the bottom 2m of the wall. It belongs to the neighbours, who will build a house to replace the garage. In contrast to ...
- 53
2
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51
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How do I find who owns (and is responsible for) the maintenance of the fence between two houses?
According to the official land registry .gov.uk website "there’s usually no record of the exact boundary between two properties, or who owns the hedge, wall, tree or fence between 2 properties&...
- 181
2
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419
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Is it legal to put a CCTV camera on a residential property covering a path with an easement?
What are the legal implications of a house owner putting a camera on their house which points at a path with an easement on it, such that someone else has a right of way on that path? I.e. it's not a ...
- 161
2
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0
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38
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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 ...
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2
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140
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My teacher is requesting private family life details, is this legal?
I live in England. My teacher is requesting private family information as homework. We're studying the play Romeo and Juliet, and she wants us to ask our parents about their dating experiences.
I don'...
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2
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34
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Apportioning a settlement in one case for damages calculation purposes in a second related case
(Sorry this is a bit long, but the question is straightforward. The broad situation described is real, however, although generalised.)
Background
Alan buys a substantial and valuable income-...
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2
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255
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Can I get kicked out of the UK if they leave the EU?
I am an Irish citizen and I moved to the UK a few years ago. Now they are going to vote whether to leave the EU. I know they might decide not to apply the law retrospectively but by law- would they be ...
- 291
2
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1
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189
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Travelling to off site client, how far is acceptable. Uk
My partner works at an audit company and sometimes has to travel to clients. These are usually near where she works and does not significantly increase her travel time. Occasionally they will find a ...
- 121
2
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2
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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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1
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1
answer
79
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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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0
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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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0
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Must the DPP necessarily, and is it typically, informed of prosecutions undertaken by parties other than itself?
The fundamental curiosity underlying this question was piqued by this provision:
https://www.legislation.gov.uk/ukpga/1985/23/section/6
And a wondering as to how often it is invoked, which raises two ...
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49
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Boundary Fences UK: What Comes Under Class A, Part 2 Schedule 2 of the General Permitted Development Order 2015 (Amended)?
Edited Question for Improvement
What residences/businesses come under Class A, Part 2 Schedule 2 of the General Permitted Development Order 2015 (Amended)?
I am looking into the defintion of Free ...
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0
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71
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What does it mean for a hearing that has been listed to be “vacated”?
Does it more strongly suggest that it will have been dispensed with finally, or that it will be rescheduled/relisted for another date?
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How are first tier tribunal case reference numbers formulated?
Here is an example of a first tier tribunal case reference number: BIR/00CN/LVE/2012/0001.
The case being Scriven & ors v Calthorpe Estates & ors.
In the reference, the first section appears ...
- 5,862
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0
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54
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Must Apple facilitate transfer of app purchases from one user account to another?
A recent question addresses EU law allowing the resale of software licenses. I asked on that answer, “ Does this mean that you could transfer one-time or subscription purchases of apps from mobile app ...
- 5,862
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0
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41
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How are damages for landlord harassment calculated?
Apparently there are various bases for establishing landlord harassment. Section 28’s method in the housing act 1988 applies where it has caused the occupier to give up occupation. But what if it hasn’...
- 5,862
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0
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107
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What provisions allow police to bring an elderly person home against their will?
On January 6, 2021, police famously detained late then 90-odd year old Eric Levy outside of Westminster magistrate's court, and everyone thought that he had been arrested for breaching Coronavirus ...
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0
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78
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What determines order of precedence in occupation rights?
Meet Alice. Alice lets a house to Bob on a 6 month contract who then sublets it to Charles on a 12 month contract. Alice serves notice to the property addressed to Bob at the end of their term, which ...
1
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0
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32
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Why is there seemingly no information on FIMS?
Why is there seemingly no information on FIMS?
Why is there seemingly no publicly available information on FIMS?
FIMS is the police's facial identification manager software used by officers to ...
1
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0
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56
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Can/do people sue for costs only when debt is already paid
Suppose one party owes another something (because of contract or tort, I presume the exact reason doesn't matter). The debtor refuses to pay so the creditor instructs a solicitor to send them a ...
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25
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What is the legal basis/origin for the covenant of exclusive possession?
I've recently seen someone directly cite a landlord and tenant act 1985 where the definition of the covenants for repairs and access may be found.
One can find many articles online explaining the ...
1
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0
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62
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Can the landlord of an AST restrict the tenant from having house guests or even house sitters?
I suppose that the distinction between a guest and a house sitter might be that one remains while the tenant is gone while the other would stay to visit the tenant themselves.
But as an AST ...