Questions tagged [england-and-wales]

Questions specific to England and Wales

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38 views

Telephone recording

In "England-and-Wales” Is not illegal to record a private conversation for personal use, so if you have a telephone recording between 3 parties, 2 of which knew was being recorded, can this be used in ...
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63 views

Can a company insist that contract terminations be done over the phone?

This article in The Guardian says: Virgin Media is one of those companies – Sky is another – that insist customers terminate their contracts verbally, rather than by email or letter. It is very ...
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2answers
77 views

Why 'representation or warranty', not 'representation or condition'?

Why's "warranty" coupled with "representation", not 'condition'? Context In Canadian and English law, representations differ from warranties1. Thus they aren't doublets, as Ashurst's ...
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63 views

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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2answers
2k views

Land Registry Clause

I'm trying to understand a clause in a registry of land to determine the owner of an access way. The clause is for property 9. "Except and reserving to the Transferor a right of way on foot only over ...
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34 views

Obtaining an address for servicing notices from my ex landlord

I will be suing my landlord about a week or 2 after I leave, and I am wondering if, from a legal perspective, I can still use the same address for servicing of documents & notices, as on our ...
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1answer
41 views

“if the defendant had acted as he ought the victim wouldn't've suffered the harm” vs. “there's evidence that the victim mightn't've suffered the harm”

I don't ken the distinctions between the two whether-clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2? Isn't "the defendant had acted as he ought" "...
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1answer
27 views

Is it mandatory for Evidential Test results to be published in the Prosecution Case File?

In harassment cases in England a prescribed Evidential Test must be performed on the prosecution case before deciding to prosecute , as part of the Prosecutor's Code . Logically , the Test results ...
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3answers
319 views

Are any British or English Acts of Parliament still in force in the United States?

In Australia, which has a very close legal history with the United Kingdom (diverging completely only as late as 1986), some Acts (or part thereof) of the UK Parliament (and its antecedents, the ...
2
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1answer
51 views

What does “possible” mean in this compensation context?

This article is titled "Paddington station: Commuter gets £27k for 'possible pigeon poo slip'". Later in the article is say the compensation was payed out after "possibly slipping". Finally, it ...
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23 views

Claiming costs if a faulty product causes property damage

I received a faulty sports product which broke during first use. The breakage was caused by incorrect fasteners being supplied with the product. The incident in question caused significant damage to ...
4
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1answer
51 views

At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
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1answer
67 views

Correct way to ask written questions of an expert witness

I am the defendant in a case and the claimant has submitted evidence from an expert witness. I have been told I have the ability to question the expert witness in writing. What is the appropriate way ...
4
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1answer
276 views

Claiming statutory warranty for a fault that resulted in the loss of the product

I recently experienced a failure on a rather expensive piece of sport equipment upon its first use. I purchased the product in the UK and experienced the failure in the UK, 2 weeks after purchase. I ...
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1answer
146 views

Can the deliberate withholding of sex constitute coercive and controlling behaviour under English & Welsh law?

First I should clarify that this question is (fortunately) entirely hypothetical and academic, so please don't worry about me (I'm fine). I am trying to figure out a seeming conflict in the broad ...
3
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1answer
142 views

Can I claim for time spent preparing for a court case?

I was involved in a car crash almost 2 years ago. I had to go to court and give evidence as to what happened and the other driver was found guilty. My insurance company is now having to start legal ...
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1answer
136 views

Am I required to re-attach neighbours gate to my fence post?

I’ve had my my fence replaced including new posts, which I’m 100% sure is my my fence, post, and boundary. Previously the neighbour’s gate was directly attached to my fence post, I’ve allowed it to ...
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1answer
43 views

Do local authorities require planning permission?

Are local authorities required to make planning applications in similar ways to private individuals/companies when making changes to city infrastructure? Recently my local council have removed a lay-...
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3answers
138 views

Legal options for someone going through my bank statements

So I live at home with my mother and brother. I pay rent, comparatively not much but the amount was agreed upon. The other day I got home from work to find out she had not only gone through my bedroom ...
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15 views

How long is a Divorce Financial Settlement kept by the registrar of a local UK county court

I have a stamped divorce financial settlement document that was lodged with a UK local county court in 1990 - is a record of this still being held at the county court?
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1answer
34 views

Why ought a third-party promisee to a contract make his claim in the alternative?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 135. How's the red underline true? How's "third parties" ambiguous? The textbook refers to the Introduction that doesn't define "third ...
3
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1answer
126 views

Can a person be charged in absentia in the English and Welsh jurisdiction?

In England and Wales a person can certainly be tried in absentia, but can they be charged in absentia?
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1answer
52 views

Why'd a claimant be allowed to recover deposit if it acts in bad faith, when a contract obligated good faith and reasonable endeavour?

O'Sullivan & Hilliard's The Law of Contract (Core Texts Series) (2018 8 ed). p. 83 4.29 A similar issue arose in a slightly different way in Shaker v Vistajet Group Holding SA (2012). There, ...
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2answers
125 views

Can Bangladeshi Lawyer practice in UK?

If somebody has no Nationality card of UK, is he able to practice in UK court, although he has completed BPTC courses?
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2answers
83 views

Is there a limit to how much a landlord can charge for cleaning fees? (England)

My friend lives in atrocious conditions in social housing. The conditions are tenant inflicted and cover pet faeces on the floor, fly infestations, blocked up plumbing etc. My friend is moving house ...
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1answer
45 views

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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34 views
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59 views

How can one gain access to isolated pockets of open access land?

What rights do members of the public have to access isolated areas of open access land, if any at all? That is to say areas of access land which are (i) not crossed by and do not adjoin any public ...
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33 views

To businesses using Condition 8, why are the outcomes in Phillips Products v Hyland and Thompson v Lohan inconsistent?

The two cases are Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd [1984] EWCA Civ 5 and Thompson v T Lohan (Plant Hire) Ltd [1987] 2 All ER 631. Condition 8 was the same in both, and ...
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14 views

Why could Change of Position 'logically allow lenders to retain a charge for the sum lent to debtors in reliance on the guarantee's enforceability'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 359-360. Howes Percival LLP Partner Geraint Davies Manchester Polytechnic (1988 LLB), Guildford College of Law (LSF 1989). outlined (the defence ...
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28 views

Why could the ‘but for’ tests swallow up virtually all duty-defining clauses?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 432. Kindly can someone expatiate the red underline? green underline? In the green underline, what do 'the parties' normative rights and ...
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1answer
43 views

Fair use for a free online school notes [UK]

We are working a project for a website which will offer free notes, and we don't plan on selling them, although we may use advertising at one point to help pay for the domain etc. However, we were ...
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2answers
53 views

How's a “mere failure to perform future obligations” equivocal and equally consistent with not exercising the right to repudiate the contract?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 376. 15.54 Acceptance of a repudiatory breach must be clear and unequivocal, but need not be by express words. As the court said in ...
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1answer
30 views

What “former requirement” certainly has no place in estoppel?

Screenshot on the left: O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 328. Right: Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 466. To what does the red underline ...
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1answer
64 views

How does the first limb of the McRae test make the second limb unnecessary?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 312. The green (party's believing a mistaken unreasonable belief) obviously can be distinguished from the red (about causation). ...
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1answer
47 views

Why's it “strange” for a judge to impose voidness on a guarantee?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 200. I don't understand the red sentence underlined in red. Isn't it gainsaid by the orange underlines beneath? I understand the ...
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29 views

Why's it “not strictly true” that an act, done before promising to pay or confer some other benefit, can sometimes be consideration for the promise?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 77-78. This post's title is based on the teal sentence marked by the red triangle (▲). How don't the two cases in the sentences ...
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1answer
42 views

“It makes sense for the promisor to request, as the price of his promise, that the other party should benefit some third party”?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 93. Can 'the other party' (underlined in red) be interchanged with 'promisee' here?
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64 views

Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). The red underlines fit para. 31 of the judgment: In the present case the price for which R's promise was bought was the ...
2
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1answer
67 views

What's the antecedent of “it”? “A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value”

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 90. 5.5 Better still, keep in mind some common examples of consideration in practice: •  Simultaneous contract and performance, ...
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2answers
86 views

How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?

I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
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1answer
70 views

Neighbour has extended over the boundary of a potential house I was looking to buy [closed]

So having initially looked at a house I found that everything was in good order and the seller seem genuine in respect everything being able to answer my question and to provide the relevant documents ...
2
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0answers
23 views

Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465 Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.
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1answer
57 views

“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 75-76. Can the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to ...
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0answers
217 views

Is it legal to import a whip to England for use as decoration?

I would like to know if it is legal to import a whip to England, for use as decoration. According to a UK Government Webpage Offensive weapons which are designed to kill or inflict serious injury ...
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1answer
56 views

How will changes to section 21 affect me?

The following question relates to English housing law. Following on from the news today that the government plans to abolish section 21 evictions I was wondering how this affects my current ...
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0answers
68 views

Neighbour damaging property boundary - what are our rights?

UK query here. My question is about the options available to us when a neighbour carries out actions that damage our hedge boundary. The rights and responsibilities of property owners when it comes ...
4
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2answers
119 views

Limits on contract work without pre-agreed price/contract (UK)

Say you hire someone, such as an electrician or plumber, without price even being mentioned by either party. The contractor later bills you: you're taken aback by the price. Maybe the expected rate is ...
1
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1answer
55 views

Do I need to give a months notice to LL at the end of a six months contract?

Do I need to give a months notice to LL at the end of six months contract ? The landlord has not fulfilling some of the responsibilities they have, so is it necessary for me to give them notice of ...
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2answers
105 views

Why aren't Lord and Lady abbreviated?

I'm referring to the titles for UKHL Law Lords and UKSC Justices. Why aren't they abbreviated for brevity, when Justice is to J and Lord/Lady Justice to LJ? Eg: In Braganza v BP Shipping Ltd [...