Questions tagged [england-and-wales]
Questions specific to England and Wales
1,144
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Is the server owner required to ask for ID to allow access to adult content on a Discord server in the UK?
Consider somebody is running a Discord server that allows for NSFW content. They use the NSFW tag on the relevant channels, so as to defer to Discord's own "I am over 18" button for ...
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How may one go about finding a definite reference to one or more examples of specific criminal cases that were prosecuted by or on behalf of TfL?
According to TfL’s official prosecutions policy, it seems as though they may do some of the prosecutions themselves. How could one go about finding examples of such cases that have been prosecuted in ...
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Is TfL a public body as under s17(6)(d) POA1985?
Section 17(6)(d) Prosecution of Offences Act 1985 lays out certain criteria which render an organisation subject to the prosecution rules for a public body:
d)any other authority or body whose ...
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What bodies are bound by the public interest test when prosecuting a crime?
ThE CPS clearly is held to this test, but what about other entities bringing prosecutions? Like local authorities, other public bodies, or even privately owned companies? Where is the line drawn?
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What is the source of the legal stigma to returning items to shops for refunds to different cards than were used to buy them?
A consumer purchased an item from a ship using a bank card as payment. Almost all shops when processing returns will at least make a token gesture or pretence of ensuring that the card which is ...
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Prior to the insertion of Section 10(A1) to the Criminal Law Act 1977, was it a crime to obstruct the enforcement of a high court writ of possession?
Prior to the insertion of section 10(A1), what was the legal status of obstructing a high court enforcement officer who was on official business in the course of evicting a former tenant against whom ...
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Spending overpaid stipend instalments
Bob was a student and received a stipend grant for his living expenses whilst doing research at an academic institution for post-graduate studies. He came to rely on these for his monthly living ...
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Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?
The background
After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager.
During the ...
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Does an independent constable officer have a choice not to arrest someone they encounter who is subject of a warrant?
Collin the Constable holds the Office of Police Constable making him an independent servant of the crown who is said to be individually and independently responsible for all of his conduct carried out ...
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Can meeting of the minds be premised on a dialog with an agent even though terms are accepted on a webpage?
Bob missed his flight from London Stansted, which he explained upon arriving at the airport to staff of an airline by its check in counter. The employee tells him his options for the order departures ...
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Where does the idiomatic term “caution+3” come from?
As an alternative to arrest, English police may summon one to make an appointment at a police station for a so called voluntary interview, which is often derisively mocked in that it ironically often ...
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Can psychiatric illness factor into the question of guilt?
Imagine a patient suffers from Tourette’s, which causes them to involuntarily swear and shout epithets (for example, sexist or racist slurs such as the n-word). In the U.K., this is very likely to be ...
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What are the cross-jurisdictional effects of British police powers?
I believe that an officer of the Metropolitan Police or British Transport Police could just as easily arrest a person within the City of London (which has its own police force) as one of Surrey police ...
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What is the closest equivalent to criminal compensation orders in your jurisdiction(s) of expertise?
In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
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Can a court’s decision be copyrighted?
See this page:
If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/...
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Does forfeiture for service charge arrears result in total loss of leasehold price?
Alice purchased a leasehold of 100 years for £100 million, yet it requires her to pay £5000pa in service charges.
After 5 years Alice starts to fall behind on her service charges and eventually ...
CommunityBot
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Can it be an offence simply to attend a demonstration against the wish of the official organisers?
A report about Tommy Robinson states the following:
In an earlier statement, the force said organisers had "been clear
about their concerns that the man's attendance, and that of those who
were ...
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3
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What would one have to prove to use the truth defence in a libel claim of racism?
It is in the news that Laurence Fox is suing Simon Blake and Nicola Thorp for libel after they made allegations of racism.
There has been quite a lot of work in recent years about ingroup bias studied ...
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Implications of rental property being clean to a "professional standard"
Some short backstory: Me and my partner moved into a rental flat (England) which was very unclean. We took a lot of time cleaning it ourselves, whilst exchanging many emails with the rental agency. ...
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Does the context of one’s displays of Nazi emblems matter to its legality?
In Germany, I understand that openly displaying Nazi symbols is illegal but that is heavily dependent on the context indicating that they are being displayed as a promotion or celebration of Nazism. ...
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Does the UK building regulations allow for having no principal contractor for domestic clients?
Under The Building Regulations 2010 (as amended), a domestic client is a client where the project is being carried out for non-business reasons.
A contractor is someone who carries out the work, and ...
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Are the any limits on what historical terrorist acts can result in criminal charges if glorified?
Jonathan Hall KC, the government’s independent reviewer of terrorism legislation has acknowledged that historical events such as apartheid actions of Nelson Mandela and the revolutionary battles of ...
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Where can one find the full decisional text of R v Hale (1979) 68 Cr App R 415, [1979] Crim. L.R. 596? [closed]
Can’t seem to find anything other than bare summaries. Can anyone find it anywhere online?
https://lawprof.co/criminal-law/property-offences-cases/r-v-hale-1979-68-cr-app-r-415-1979-crim-l-r-596/
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Who is liable for a resident mental care patient intruding someone's property?
Suppose someone lives next door to a mental health care home. One of the resident patients climbs out of the care home and breaks into the neighbour's house.
Who would be liable for the break-in?
The ...
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What is consent?
Interested in any jurisdiction, and in fact especially interested in seeing comparative perspectives between different jurisdictions.
Is it:
a mental state of not objecting or even enthusiastically ...
CommunityBot
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Obtaining certified copy of old UK adoption ruling
I am trying to obtain a certified copy of an adoption/custody ruling that was made in a UK county court in 1971. The ruling concerns my sibling and it is on their behalf that I am trying to obtain it ...
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What are the consequences of ignoring a penalty fare? [duplicate]
Bob received a penalty fare, gave his name and address, then ignored the materials received thereafter. What might happen to Bob?
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What if any is the difference between advertising a product and advertising a business?
In the The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 the requirements for dog breeding to be licensable are:
PART 5
Breeding dogs
Either or both of the ...
CommunityBot
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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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Are plane tickets purchased online subject to “cooling off period” / buyer’s remorse right of withdrawal
I roughly recall that the distance selling regulations were superseded and thus “rolled into” the Consumer Rights Act 2015.
And they included a special right of withdrawal that applied to contracts ...
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What is the likely penalty for an organisation failing to comply with a subject access request by many months, on the 1st, 2nd, and 3rd occasions?
ACME Inc. Receives a subject access request from Bob, and fails to respond to it for 5 months. What are the likely sanctions faced by ACME, in case this was the:
1st,
2nd,
or 3rd
Such incident of ...
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Is it an Offence to Sleep in a Campervan While Drunk?
This answer to this question states that the onus is on the defendent to prove they were not going to drive while they were unfit. Leaving aside the question about the flipped burden of proof, does ...
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Does ownership of an abandoned/lost item at some point “revert” to the person who has found it?
Omar left his jacket in a pub and Alice picks it up after he left and chased after him, but by the time she got out and looked around on the street, he was already on the bus that rounded the corner ...
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How did international/colonial jurisdictions deal with the combination of law and equity?
It seems to me based on preliminary consideration that as the majority of the British empire gained independence from colonial rule after WWII, the U.S. is perhaps at least somewhat unique in gaining ...
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What content information has been prescribed under s5(1)(a) PEA1977?
Subsection 5(1)(a) Protection from Eviction Act 1977 requires notices to quit to contain such information as may be prescribed. What prescriptions have been made under this provision, and how might ...
CommunityBot
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Can a company lend an individual money "by way of business" if secured on a commercial property in the UK with any regulation?
I am curious to know if a company can lend an individual money at a high interest rate for many years without a licence or following any guidelines in the UK
The loan was secured on a commercial ...
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In an English divorce, is it actually possible to draw up a financial consent order without a professional?
In England, the financial aspect of a divorce is separate from but dependent on the legal ending of the marriage. While it isn't technically compulsory, it's generally reckoned to be a very good idea ...
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Are writs rooted in equity?
Another answer I came across recently mentioned that orders for specific performance ie mandatory injunctions formerly called mandamus were writs. Conversely so were other writs such as certiorari. ...
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Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation? [closed]
The equality act places an equality duty on the public sector. The Secretary of State is charged with the task of designating certain organisations as proscribed under the terrorism act.
Does taking ...
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Who is breaking the law if a child engages in the gig economy?
There is a news story about children working for delivery apps that describes the practice as "illegal". The exact details are not clear, to me at least, so suppose the following ...
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1
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Why do the police announce the time when they arrest somebody?
In the U.K. when police arrest someone, they seem to first announce the current time in military/24 hour format, and then they declare the reason or grounds for the arrest. Declaring the grounds for ...
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Is it possible the destruction of tents in central London is legal?
It is in the news that Veolia workers took and destroyed multiple tents and their contents in Central London. Is there a way that this could be legal?
About 10 tents were destroyed along with the ...
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What is the threshold for reasonable force when one is being mugged or assaulted?
Bob was mugged and assaulted by a gang of three youths, and when later standing on the side of the street chatting with a stranger about the incident they said that what they would have done if faced ...
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Legality of tearing down Israeli kidnapping victim posters
Many people in London have taken to tearing down poster images of the kidnapping victims of Hamas’s 7/10 attacks.
These posters do not seem to be put up with permission of the owners of the surfaces ...
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What is the origin of the notion of the King’s “peace”?
There are magistrates (or justices) of the peace, which evokes memory of the justices of the peace act 1285, a statute. Then there is a breach of the peace and the various police powers and ...
CommunityBot
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How are commital proceedings for contempt of court initiated, and who may the process be instigated by?
An injunction was obtained against Bob for allegedly disrupting/sabotaging the Epsom Derby Jockey Club, prohibiting him from doing such things again in the future. He violated this injunctive ...
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When does the grace period start for private parking?
If a parking ticket was purchased 13 minutes after entering a car park, are they eligible to appeal the parking charge for an "invalid parking session"?
If not, then would difficulties such ...
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Can selective assertion/enforcement of legitimate rights be discriminatory?
A shop exists where a tonne of shoplifting takes place by people of all races. But the security guard only calls the police on the black shoplifters.
A pawn shop gives collaterally secured loans to ...
CommunityBot
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Can a ban from a venue be nullified by subsequent admittance?
Bob was expressly told by an employee Emily of a business to never return to that location. A month later, he returns and Emily advises her colleague Colleen the Bob has been banned. A year later Bob ...
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Rekindling the right of forfeiture in respect of old outstannding debts for unpaid service charges after waiver for the same
Alice bought a lease on a residential property but fell behind on her service charges.
She is threatened with forfeiture, her landlord already having obtained a CCJ in default in respect of the unpaid ...
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