Questions tagged [england-and-wales]

Questions specific to England and Wales

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0 votes
2 answers
23 views

Is it hate speech or otherwise illegal to call a woman a bitch or a whore?

These epithets are somewhat particular to female subjects, and so I can easily see them being seized on as sexist or misogynistic. However, I think they also have particular meanings that are not ...
-1 votes
1 answer
36 views

What is the difference between county court and a civil tribunal, and other low level / less formal tiers of courts in the UK?

I suppose that a county court is for civil matters for private parties to sue each other for general civil causes of action. A county court further has a small claims procedure/track for cases of an ...
3 votes
1 answer
70 views

In the UK, where and how are "tenants in common" details officially recorded?

When purchasing a property, we instructed the solicitor to set it up as tenants in common, with unequal shares in the beneficial interest. A few years later, I am struggling to find anything in ...
23 votes
1 answer
4k views

Would publicly farting on a picture of the English monarch actually qualify as treason in 1798?

A famous political cartoon from 1798 by Richard Newton claims that farting on a picture of the British monarch would be prosecutable as "TREASON!!!" (caps and multiple exclamation marks in ...
14 votes
3 answers
3k views

To what extent are England and Wales one completely wedded jurisdiction?

Are there any legal provisions that apply only to England or only to Wales but not respectively to the other? Why are they so closely associated with each other as to have just one tag on the site, ...
0 votes
0 answers
93 views

Is it illegal to exercise or sunbathe nude on your publicly visible balcony?

I suppose there are no public nudity laws unless it is done in a sexual spirit to make it indecent exposure. One would be visible from the street as well as to one's neighbors. If they object perhaps ...
1 vote
1 answer
69 views

Are judges still making decisions in the Crown Court?

If a judge's main duty mainly revolves on decision-making, what about Crown Court judges? Since juries are deployed in a small percentage of cases at the crown court and they are the ones who make the ...
0 votes
1 answer
135 views

Is knowledge of someone owning a firearm enough for police action/prosecution?

Bob and Eve are work colleagues. Eve owns an unlicensed firearm, which could be illegal, be that a pistol, rifle or a shotgun. Eve mentions that she owns such a weapon to Bob. Bob is concerned for his ...
8 votes
1 answer
4k views

Is it illegal to use a horn in circumstances other than which will prevent a collision

I heard from a cyclist that motorists are legally prohibited from using their horns on the street to get people's attention or indeed for any reason other than to directly avert a collision.
2 votes
2 answers
56 views

When would proposed provisions of cancelling no fault evictions possibly come into effect?

See the following article which refers to a white paper. https://www.bbc.co.uk/news/uk-61817249 Landlords are to be prevented from evicting tenants in England without giving a reason, under proposals ...
2 votes
1 answer
75 views

What are the legal implications of Josh Pieters & Archie Manners's "gag" against Piers Corbyn?

See this video. https://m.youtube.com/watch?v=BmNyNivlEVo Two YouTubers disliked piers Corbyn political agenda, so they contacted him to express their bad faith interest in donating financially to the ...
0 votes
1 answer
43 views

Validity of unregistered British deed polls to other Anglophonic countries?

Validity of unregistered British deed polls to other Anglophonic countries? In Britain, instead of court orders, a system of self-executed deed polls is used. I was told that these are acceptable to ...
1 vote
1 answer
67 views

Can an AST in statutory periodic phase notice to quit be submitted to a landlord casually by WhatsApp?

Suppose Alice lets a room to Bob, under a written contract that is incorrectly labelled as a lodger's agreement, however, Alice does not live in the property, thus automatically rendering Bob an ...
2 votes
2 answers
91 views

Judges upholding the rule of law

It's a judge's duty to decide disputes brought to them, but when people say that judges uphold the rule of law, does it mean that it only applies in the sense where judges were to deliver judgment in ...
1 vote
0 answers
43 views

What constitutes "accepting" rent payments to effectively resurrect a terminated AST?

If a landlord does not qualify that rent payments received are being accepted as mesne profits then they have resurrected the tenancy. But these days most rent payments are performed by faster ...
1 vote
1 answer
62 views

What are the guidelines for compensation value for assault in which there was no physical (nor psychiatric) injury sustained?

Anther recent question was answered with a reference to a textbook which I don't have access to, but it gives examples such as injuries to an elbow. How much are guidelines for general damages in a ...
0 votes
1 answer
65 views

How are general damages for assault calculated?

For example, in discrimination suits, one has the Vento scale as a guide to calculating damages. Does anything similar exist for trespass to person?
3 votes
1 answer
3k views

Is recording someone without their direct knowledge in one's own home legal?

Consider the following scenarios: Alice visits Bob's home and he has surveillance devices in operation for security which record all of their interactions. Alice visits Bob's home after they go on a ...
0 votes
1 answer
68 views

What are the possible criminal sanctions for assault?

If an incident of assault is investigated by the police, what are the possible recourses that can be taken to sanction the individual in cases where the victim suffered no physical injuries? Also, ...
-1 votes
1 answer
50 views

In what court would one sue another for assault as trespass to person?

In England and Wales, what court can one use to sue another for assaulting them.
1 vote
1 answer
63 views

Is it possible to claim civil compensation for assault with video evidence available?

Obviously assault is a criminal matter, but what provisions are available that govern claiming civil compensation for assault for which indisputable video evidence exists? Is a police report required ...
2 votes
1 answer
77 views

What is the time limit for reporting an incident of criminal assault to the police for which you possess video evidence?

Suppose Bob assaults Alice by punching and kicking her, as well as surrounding her with a bunch of colleagues with her back against a wall because she voiced political viewpoints which Bob and his ...
6 votes
2 answers
1k views

When can an employer dock one's pay in the UK?

I'm not sure if it matters whether the employer is a private individual or a company and whether the parameters are then different, but assume that the employee is not doing a very good job, snoozing ...
1 vote
1 answer
110 views

Landlord right to "pop over" to the property? [duplicate]

When asked if there was a specific reason they said they "wanted to see it". Does there need to be any more clearer reason to make such inspection or does "just wanting to see it" ...
2 votes
1 answer
471 views

Minimum dimensions for a hotel room in the UK

Are there any laws in England which dictate the minimum size a hotel room has to be so it can be rented out? I can only find information on renting of homes etc.
1 vote
1 answer
77 views

What are the requirements for terminating an employee?

Does it matter whether employer is company or individual? Must certain amount of notice be given? What other requirements are there that must be followed? Can notice be dispensed if the task is of an ...
2 votes
2 answers
69 views

What's the difference between a conviction that is spent and one that is expunged?

This came up in the comments thread of this question so it was suggested to ask it.
3 votes
2 answers
511 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 ...
2 votes
0 answers
45 views

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?
1 vote
0 answers
36 views

Is it allowed for a solicitor to advise and represent you while claiming hourly compensation from legal aid but also % of your winnings?

If solicitor gives you services and claims hourly fees from legal aid because you are eligible but also then takes a 15% cut of your final settlement amount, is this allowed or in a sense cheating the ...
1 vote
0 answers
16 views

Is it more common to award landlords eviction order application costs than possession hearing application costs?

It could be argued that a tenant who has no valid grounds of dispute but defies a matured s21 notice and waits for a hearing to leave is simply exercising his rights to stay until asked politely to ...
8 votes
1 answer
2k views

Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders?

Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order ...
1 vote
1 answer
45 views

What happens after a deed of surrender or notice to quit is signed/delivered and one remains in the property?

Does one cease to be protected under the protection from eviction act 1977 if one has voluntarily given formal notice to a landlord of one's intention to vacate by a certain date but then fails to do ...
0 votes
1 answer
41 views

What powers do civil courts have to probe the finances of a defeated defendant refusing to pay compensation or even claiming destitution?

Are bailiffs ever used to enforce civil damages judgments as they are for fines and evictions? If a defendant wishes to get out of paying the compensation ordered due, how hard is it for then to ...
0 votes
1 answer
38 views

"Settling" out of court rather than pressing for possession hearings in an assured statutory periodic tenancy

Alice rents a house to Bob under an assured Shorthold Tenancy and the fixed term expires. Alice now wants Bob out, so she must serve him a s21 notice of two months Bob has an option to not leave ...
1 vote
1 answer
119 views

UK - Tenancy Deposit Scheme - what is the exact process of return?

I moved out of the property I rented at the end of June. Same day I asked for my deposit back. Letting agency returned with the End Of Tenancy Report listing all defects they found on the 7th of July. ...
2 votes
1 answer
111 views

What are statutory schedules and why are they so named?

For example housing act 1988 has schedule 2. But what is a schedule and what differentiates it from a section or a chapter or an annex?
7 votes
1 answer
2k views

In "he said"/ "she said" discrepancies, how must a landlord prove timely valid service of eviction notices?

Suppose Larry the landlord applied to court for possession order and presents a back dated copy of section 21 notice from 65 days ago. The court serves notice of hearing to the property and tenant ...
1 vote
2 answers
57 views

Where in statute are the grounds of section 8 eviction notices spelled out?

I'd like to find the original statutory source for all of the respective parameters of different section 8 eviction grounds, for assured shorthold tenancies in England & Wales. I read section 8 of ...
11 votes
3 answers
3k views

Statutory right to return shoes bought online that don't fit

Online shoe seller's policy is to allow returns within fourteen days of purchase at buyer's expense if the shoes have their tags on them and are not worn outdoors. I received mine tried them on and a ...
-2 votes
0 answers
44 views

what is the reason for ground 5 section 8 evictions? [closed]

Why is there a special p possession ground for properties of religious ministers?
2 votes
2 answers
158 views

How do I find out if a company I want to claim against has a UK address

I intend to take Norwegian airlines to court to claim for unpaid compensation. This is NOT a question about whether I am entitled or not, I need to know to whom I should address the small claim. The ...
0 votes
2 answers
46 views

Why does LP(MP)A 1989, s 2 proffer a 2nd form — that allows each of the 2 separate documents signed by merely 1 party? Advantages over 1st form?

I start by citing the Law of Property (Miscellaneous Provisions) Act 1989, s 2(3). (3) The document incorporating the terms or, where contracts are exchanged, one of the documents incorporating them (...
0 votes
2 answers
73 views

If a rental contract does not specify method of payment, can a tenant abruptly opt to begin offering to pay by cash only?

Suppose a contract specifies an amount for monthly payment and the tenant pays on time each month for the first two months and then abruptly decides to offer the landlord who lives in anther city the ...
0 votes
1 answer
70 views

What happens at small claims court if two parties present differing copies of a contact?

For example this actually happened to me. Psycho landlord prints out unusually drafted lease agreement and send to me as PDF. I read it and am in fact perfectly happy to sign it because it appears to ...
1 vote
0 answers
32 views

Is landlord entitled to show residential rental property to prospective buyers?

Alice rents a house from Bob and she lives there. Bob wishes to sell the house and gets serial interested prospective buyers, none of whose offers he wishes to accept. As a result he basically ...
2 votes
2 answers
66 views

What are the parameters of the statutory buyer's remorse refund period for online purchases?

Do they apply to purchases of services as well as of goods? For such purposes, what constitutes an online purchase? Must it be automatically accepted card payment, or does a discussion with a service ...
2 votes
1 answer
70 views

What avenues of recourse does one have on a vendor from just their phone number bank details and name?

Suppose a goods or services vendor is contacted by phone and paid by faster payments, then does not honour their statutory obligations. How can process be served, or is there no recourse of ...
12 votes
3 answers
3k views

Recklessly endangering the English public by throwing objects

Is it a criminal offence to recklessly endanger the English public by throwing objects? For example, throwing bottles or bricks over the wall of a multi-storey car park. This particularly applies if ...
3 votes
1 answer
53 views

Sentencing guidelines for Regulation of Investigatory Powers Act 2000 (RIPA)

I have read into section 49 of the Regulation of Investigatory Powers Act 2000 (RIPA) which can demand suspects surrender passwords for encrypted devices, and section 53 makes it an offence not to do ...

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