Questions tagged [england-and-wales]

Questions specific to England and Wales

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6 votes
2 answers
356 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, ...
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2 votes
1 answer
274 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 ...
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-1 votes
1 answer
198 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 ...
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7 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 ...
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3 votes
2 answers
881 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 ...
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9 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?
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5 votes
3 answers
380 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 ...
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5 votes
2 answers
220 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 &...
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5 votes
2 answers
187 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....
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  • 480
4 votes
1 answer
306 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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  • 141
4 votes
2 answers
378 views

What happens when evidence comes to light outside the Statute of Limitations period?

I suffered damage as a result of defamation, through a previous employer breaching laws against disclosure of information. I spoke to a lawyer at that time and was told my chances of success were ...
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4 votes
1 answer
545 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 (...
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4 votes
2 answers
483 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 ...
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4 votes
1 answer
131 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?
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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 ...
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  • 217
3 votes
1 answer
129 views

How else can the Tenant lose out, if Tenant agrees not to object to Landlord's title, and assumes Landlords' right to grant the tenancy?

I copy and pasted the following clause from the Offer to Lease, governed by the law of England and Wales, that a Landlord emailed me, for leasing their premise in England for my retail store. No ...
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3 votes
1 answer
96 views

Splitting a claim into several small claims

UK, small claims court question. Is it permissible to split a large claim into several small claims, against multiple defendants, arguing a different cause of action in each? Consider this ...
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  • 1,119
3 votes
2 answers
145 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, ...
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  • 33
2 votes
1 answer
107 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?
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  • 3,233
2 votes
1 answer
70 views

Can a wall only be part-party? (England)

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. Is the whole ...
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2 votes
1 answer
82 views

Follow-up question about summary only offence

I am following on from a question that I posted here. Person A: Reported suspect for one indictable offence. Person B: Reported suspect for several summary only offences. I understand based on the ...
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1 vote
1 answer
6k views

What compensation could a UK property buyer get if the seller pulls out after exchange of contracts?

Imagine a chain free buyer has transferred a 10% deposit and contracts have been exchanged on a property he/she would like to buy. If he/she pulls out, this deposit would be forfeited. In the ...
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1 vote
3 answers
151 views

Who can ask the judge to interpret a paragraph of his court judgement, in uk?

The appeal judge states: The county court judge decided based on arguments that are plainly available to her. The county court judge fell into error in concluding that the non-delegable nature of the ...
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  • 31
1 vote
1 answer
222 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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1 vote
2 answers
307 views

Can people sue other people in foreign countries and force them to respond?

In the movie Denial (and obviously in real life too) David Irving sues Deborah Lipstadt in the British courts not the American courts. How does that work? Can people sue other people in foreign ...
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1 vote
1 answer
86 views

What happens with the decedents' estate when a person dies whilst in a rolling contract?

If a person dies whilst in a rolling contract, and payments are still taken from the account for a few months,would the company be legally forced to return the money to the account?
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  • 480
0 votes
2 answers
96 views

Can my work force me to pay for their compulsory in-house training?

My contract with work states if I leave within 18 months I must pay for the mandatory training they sent me on of £1800. I am already qualified in my field and this course was just to learn their way ...
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0 votes
1 answer
2k views

'Factual matrix' vs. 'Fact pattern'

Google revealed a definition of 'Fact Pattern/Situation' (abbreviate to FP) A concise description of all the occurrences or circumstances of a particular case, without any discussion of their ...
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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?
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  • 3,233
0 votes
2 answers
166 views

Is there any law (US, UK, or Canadian) that limits the scope of a search, so that unrelated crimes can't be prosecuted?

Are search warrants limited to evidence for a specific crime? For example, assume a search warrant is issued based on probable cause of property theft. While executing this search warrant, the police ...
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-1 votes
2 answers
188 views

What does "appropriated to the contract" mean in the Sale of Goods Act 1979, s 18, Rule 5?

Here, the verb appropriate is followed by TO. What does it mean that someone appropriates "goods of that description and in a deliverable state" TO THE CONTRACT? At large, what does it mean ...
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