Questions tagged [england-and-wales]
Questions specific to England and Wales
100
questions
12
votes
3
answers
4k
views
Does indecent exposure require intentionality?
Meet Bob. Bob went out on the town wearing boxer shorts which in itself is entirely legal. A security guard pointed out to Bob that his shorts were unbuttoned so Bob buttoned them up. They later ...
12
votes
4
answers
7k
views
Getting paid by mistake after leaving a company?
Pretend someone worked at a company and was paid monthly. A month after leaving they are paid their severance, and should not receive any payment in the future.
A month later, they are contacted by ...
- 688
4
votes
1
answer
529
views
Is one liable if illegal material is found on one's own server?
This question was prompted by a news article I read earlier today, in which a person described the dilemma they faced on discovering illegal material had been stored by an unidentified third party on ...
- 3,179
1
vote
2
answers
146
views
Can courts consider hansard transcripts in interpreting statutes?
When a court is trying to decide the meaning of a law, can it consider the discussions which begot it?
- 9,277
8
votes
2
answers
2k
views
In a civil trial, can a party “call” its opponent’s witnesses in making its case?
I mean, as opposed to merely cross-examining them in the course of the opposing side’s presentation of their case.
A closely related question asks of calling the defendant itself, though not its ...
- 9,277
8
votes
2
answers
577
views
Does "duty to rescue" apply to a child that one has no direct responsibility for?
This appeared in a comment on another SE site:
If I am sitting by a deep swimming pool and see an unsupervised toddler child playing close to the edge - and then watch the child fall in and drown, ...
- 546
8
votes
2
answers
3k
views
What possible penalties can there be for failing to comply with rule 286 of the UK highway code?
Rule 286 requires one to give one's name and address to another party in the case of an accident, but what is the penalty range for non compliance?
4
votes
2
answers
456
views
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 ...
- 9,277
3
votes
1
answer
334
views
What does the citation YEAR Misc NN mean?
The case Bower v Brewdog bears at the top of its bailii page a citation, [2019] EW Misc. 16 (CC), which I would like to break down to. understand.
I assume that CC is an abbreviation for County Court (...
- 9,277
3
votes
1
answer
237
views
What is the significance of an invitation to treat?
I was just in a café and the menu board listed iced chai for £2.9 (hand-written, dry erase white board). When I went to order they charged me £4.6 on the machine. After posting it and realising what I’...
- 9,277
3
votes
1
answer
331
views
What is the difference in England between regulations and an Act?
In England for example sometimes are cited the coronavirus regulations rather than say the Highway and safety Act. What are the differences between these two types of instruments?
2
votes
4
answers
694
views
Is it lawful to offer smaller portions only to children below a certain age, by calling it a "children's menu"?
Suppose that one is ordering from a restaurant that offers full portions for £11 or half-sized portions on a section of the menu designated as for kids for £6.
But suppose that one is over the ...
2
votes
0
answers
105
views
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 ...
- 9,277
2
votes
1
answer
187
views
What is the basis/rationale for the barristers' cab rank rule?
Does it only apply to barristers or also solicitors? Why or why not?
1
vote
1
answer
58
views
Where can I find written decisions of the Employment Tribunal in England and Wales?
Are Employment Tribunal decisions required to be published and where can I find written decisions of the Employment Tribunal in England and Wales?
- 43.9k
1
vote
2
answers
98
views
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,...
- 135
1
vote
2
answers
115
views
What is an example of “shifting the burden of proof”?
S136, Equality Act 2010 provides for “shifting the burden of proof”. Under relevant case law it is completely clear that the burden of proof has always remained on the claimant to make out a claim. So ...
- 9,277
0
votes
2
answers
184
views
What is the legal definition - and consequence - of “pressure selling”?
A term used in enough appropriate contexts to suggest that its origin is in some law or other is that of “pressure selling.”
What is the definition of this practice, and is it prohibited? If so, then ...
- 9,277
0
votes
1
answer
208
views
A believing ‘B to be not B’, and by implication someone else (not void) v. A believing ‘B to be C, mistakenly believing that C exists’ (void)
I can't grasp the distinction boldened in the quote below. How does
A believing ‘B to be not B’, and by implication someone else
differ from
A believing ‘B to be C, mistakenly believing that ...
user89
-1
votes
1
answer
120
views
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 ...
- 9,277
-3
votes
1
answer
100
views
Is compensation available for requested data improperly withheld and deleted against data subject’s wishes?
Bob requests data from ACME. They ask him for identification according to very unreasonable and onerous requirements. He objects to these on grounds of infeasibility and inaccessibility. They bicker ...
- 9,277
-3
votes
2
answers
276
views
Is it lawful to maintain different, independent dress codes for male and female guests to a business/venue? [duplicate]
Some venues/events will specify dress codes for each sex by defining the male code as smart casual and females should wear cocktail dresses etc.
But what if these are less congruent, where females are ...
- 9,277
22
votes
5
answers
5k
views
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, ...
- 9,277
20
votes
3
answers
11k
views
Is it illegal to turn off someone’s loudspeakers in public?
Let’s suppose someone goes to a certain street and plays an audiobook recording about their political program every day on the speakers at loud volume. If someone walks up and switches the recording ...
19
votes
1
answer
5k
views
Is there a contract, or was this offer not accepted?
Mr E orders a cake for his wife's birthday at a bakery on his street. On the bakery's window, a sign is up that says, 'Today's special offer! Any customised cake for £50!' Mr E orders a customised ...
- 1,091
15
votes
3
answers
4k
views
Is there anything to stop a private business from barring a previous customer who takes a civil action against it?
Suppose that a customer C sues a shop, S, for some reason or other, whether it be discrimination, negligence, or another reason. Or they make a claim but it gets settled by the business without going ...
- 9,277
14
votes
5
answers
6k
views
Alice's restaurant profiteering from those with allergies
Suppose Alice has a restaurant where she serves pies for £10. She can make them with gluten free bases for the allergic, and these bases cost her £3 over the regular ones' £0.5. However, to make one a ...
- 835
12
votes
6
answers
9k
views
Is it legal to own a photo of someone and spread it around without their permission?
Backstory: My friends has a picture of me, which I asked him to delete and not show to people multiple times, but he keeps it and shows it to people no matter how many times I ask him not to. Is it ...
- 145
9
votes
1
answer
2k
views
What are the Legal obligations of a bicyclist who accidentally scratches one’s empty parked car?
What are an uninsured bicyclist’s legal liabilities and responsibilities in England who accidentally runs into thus leaving a minor scratch on an empty parked car?
In case of a motorist who is ...
8
votes
6
answers
5k
views
Could a contract with ludicrous terms be enforced?
Say, for example, that A makes a contract with B. A agrees to sell his very rare car, of which no more are up for sale, to B for £1.
Later, when B comes to collect A's car in exchange for a quid, A ...
- 1,091
8
votes
3
answers
1k
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 ...
user27025
7
votes
2
answers
318
views
Is a will provision naming "my wife" as a beneficiary before marriage valid?
In the novel A Colorful Death by Carola Dunn, a man, Dr Fenwick, becomes engaged to a woman, Stella Warren.He makes a new will leaving all his property (except for a few small specified bequests) to &...
- 113k
6
votes
1
answer
2k
views
Can the police seize your phone without a warrant UK?
This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland.
If the police arrest someone over a ...
- 291
5
votes
1
answer
801
views
Use of trademark in personal email alias
I've just signed up to a new service (company) using my usual practice of giving them a unique email address [email protected].
I've just received an email stating:
Thank you for registering ...
- 161
5
votes
2
answers
239
views
Can a 15 year old transfer copyright?
I have an artist working on some things for me and I've just found out that they are 15.
In the UK, can a 15 year old legally sign over copyright to another person?
The assumptions made by me are 1....
- 490
5
votes
6
answers
2k
views
On what basis is every Englishman presumed to know the laws of his country?
In a previous question's answer, @motosubatsu quoted a passage from James Bigg, Esq. stating this as a "legal axiom."
Where does this perception arise from?
- 9,277
5
votes
1
answer
553
views
Under what circumstances are you required to stop and/or answer questions by the police?
After this case of suspected harassment by the police in England in response to refusal to provide a name while walking to catch a train I wondered when you are required to stop, and when you are ...
- 383
5
votes
3
answers
970
views
Is the German embassy in London bound by British accessibility law like the Equality Act 2010?
Is the German embassy in London bound by the Equality Act 2010 and cabinet office guidance on medical mask wearing exemptions? The website explicitly state that in order to enter the Passport section ...
- 109
4
votes
2
answers
2k
views
Canary Wharf - privately owned public space - is it possible to be banned from entering the area?
Canary Wharf in London is a privately owned public space.
So far I have been found guilty of walking on a grass and jumping on a stone wall (part of a workout routine).
I'm concerned that sooner or ...
4
votes
1
answer
315
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 ...
- 141
4
votes
3
answers
676
views
Can a rape victim's DNA be used against them in criminal proceedings?
This question arose after a recent revelation from the San Francisco DA, who said that DNA of rape victims that were gathered when performing a rape kit test1 was used to identify a criminal suspect ...
- 1,091
4
votes
1
answer
128
views
What does criterion 2 of the Grainger test mean?
The second criterion of the Grainger Test when ascertaining if a belief is protected under the Equality act is:
The belief must not simply be an opinion or viewpoint based on the present state of ...
- 4,694
4
votes
2
answers
778
views
Assaulted by store employee: who is liable?
Meet Bob. Bob was egregiously assaulted by a stores security guard who damages his phone and vehicle. One of the other employees grabs his phone out of his hand on retribution for attempting to ...
4
votes
2
answers
618
views
Do 'questions come from the jury after they have retired to consider their verdict, when they can't be answered'?
Source: pp 185-186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).
Juries have no rights on questions of evidence at all, except as
the final ...
user89
3
votes
1
answer
1k
views
Powers of Entry when it is summary-only offence
I was watching this YouTube video by Crimebodge. At 10:10 he explains that the police only have powers of entry to arrest somebody for indictable offences (like rape), and not for summary offences (...
- 688
3
votes
5
answers
168
views
How can one become comprehensively aware of all applicable statutes/remedies to a given situation when they are scattered between different acts?
For example if one is illegally evicted there seem to be remedies provided by the protection from eviction 1977, housing, deregulation, and housing and planning Acts, off the top of my head, but I ...
3
votes
2
answers
1k
views
If a barrister cannot convince his client to act on his advice, should not the lawyer still effect and respect the client's instructions?
Source: p 33-34, The Art of the Advocate (1993) by Richard Du Cann QC.
Please advise me how I can abridge the quote below to reduce this post's length.
The Legal
Aid and
Advice Act has made ...
user89
3
votes
2
answers
251
views
Is addiction a disability?
Is addiction considered a disability for employment and beneftis rights?
Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)?
- 617
3
votes
2
answers
57
views
Do tribunals have inquisitorial powers?
In England, tribunals are intended to be more informal and therefore accessible venues of justice where the parties cannot be expected to conduct proceedings with full legal competence.
In a pure ...
- 9,277
2
votes
2
answers
151
views
End of tenancy and COVID notice period
I'm in England, UK. I own a flat which I rent out, and live elsewhere with my girlfriend. We broke up and I need to go back to my flat. Under COVID law, I need to give 6 months' notice to my tenants, ...
- 23