Questions tagged [england-and-wales]
Questions specific to England and Wales
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What provision of the CPR requires any parties who might possibly be claimants to an action to be made defendants if they are not?
A blog site mentions a provision requiring all parties who might be a party to a claim to be listed as defendants if they are not participating as claimants, but I cannot find it again now that I want ...
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2
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If there is an error in a webpage that forms a contract how is that resolved?
Ecommerce websites tend to make the details of the sale a contract. For example a website that auctions used cars states predominantly:
Your bid is a contract between you and the listing creator. If ...
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What is the legality and consequence of blocking one who submits a SAR? [duplicate]
Alice submits a subject access request to Bob via WhatsApp, Bob responds to this by blocking Alice, but otherwise ignores her. What is the legality and consequences of Bob’s response to her SAR?
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Minimum penalty for extradition makes no sense?
I have been looking into extradition law, focusing on the United Kingdom (England and Wales jurisdiction) wanting to extradite an individual back from a country abroad.
There are many factors to ...
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2
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Access rights to professional photographs
An independent professional photographer uses a sales tactic of candidly taking photos of others in public and then approaching them and offering them copies for a price. Suppose one of these ...
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27
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Who is the data controller of footage taken on a retail worker’s personal phone?
An on-duty retail employee draws their personal smartphone while in uniform and commences recording a customer. Who is the data recorded and held/controlled by, for GDPR purposes? Does the customer ...
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2
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Can a customer of a business make a recording of an employee on the business’s privately premises?
Suppose a customer enters a store. The business, through an employee, treats the customer unlawfully. Perhaps this is by verbally or physically abusing them, discriminating against them, or denying ...
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What connections do different locations of county court in Greater London area have with one another?
Do county courts throughout the London area share any closer of a connection than do a county court in Bristol and one in York?
And how do they all bind each other?
It has been said in past answers ...
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1
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260
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What is the “prayer” in a claim?
A blog refers to certain things not having been pleaded/specified in the “prayer”. What does this refer to?
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1
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28
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What is needed to access the written materials in a case?
County court decisions tend to be public. Some refer to other case documents such as particulars of claim or defence statements etc, sometimes by precise paragraphs.
Suppose a member of the public ...
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Does a county court circuit judge’s decision in Birmingham bind a district judge in London?
They are more senior but in a different region of the English “county court.”
So how does this work?
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How may one break down this neutral citation “[2022] EW Misc 8 (CC)“ [duplicate]
[2022] EW Misc 8 (CC)
Normally instead of EW I would expect to see EWCA. and instead of Misc. I would expect to see Civ. On top of that, what does CC mean in this?
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Paying the retail profit margin for broken goods and keeping them
A recent answer suggests that if you damage a product then you may only be liable for the retail margin that the shop would earn on them.
The traditional position is that you would be liable for the ...
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2
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42
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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 ...
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Do any judicial bodies in England have inquisitorial powers?
England mostly follows common law, an adversarial system which is the opposite of the inquisitorial judicial system.
That said, are there deviations and variations from this in any of its judicial ...
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Why does the high court of chivalry follow “civil law,” and what does this mean?
The English so called high court of chivalry, archaic and now rarely used, is said by Wikipedia to follow civil law (ie not common law).
How does this work, and how did it come to be?
https://en.m....
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1
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70
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what courts are bound by the decisions of the privy council?
Which levels of other courts are its decisions binding or not binding on, if English courts don’t actually appeal to it?
To rephrase the question for greater clarity: Essentially, of courts that don’t ...
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broker cancelled life insurance policy without authorization [closed]
Back in 2018 we had a life insurance policy that was set up in 2007, we were selling our house and buying another, our broker wanted to make sure we were covered as we were taking on a bigger debt. ...
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How can this scenario be mitigated? [closed]
If the plaintiff or prosecutor calls Adam and then Betty, and Adam doesn't say much but Betty gives testimony which the defense believes is false, and could be rebutted by Adam about particular ...
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Are there any opportunities to Socratically question an opposing counsel on their legal arguments in a civil trial?
According to this answer,
https://law.stackexchange.com/a/90414/48046
Opposing counsel was called as a witness for examination in the American scopes trial.
Is such a practice allowed in English trial ...
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2
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Is cross examination strictly confined to the subjects that the original examination pertained to, or can the opposing party make their own points?
Pretty straightforward question, really: what are the topical constraints of cross examination with reference to examination?
Suppose party A calls witness W to the stand to ask them questions about ...
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2
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1
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94
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What sorts of “necessities” could married women enter contracts for?
A recent answer by @Ohwilleke on the historical status of married women lists the limited types of contracts they could enter into.
One of these of those for necessities. What is referred to by this?
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82
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Are there any crimes or civil wrongs in disingenuously wasting another’s time?
Suppose that one phones you and states that they have a Nigerian princes inheritance which they would like to arrange to send to you.
Or that they would like to donate some money to your organisation ...
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3
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1
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86
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How do lower level (county or magistrates) courts in the City of London differ in their jurisdictions from those in the surrounding boroughs?
Because the City of London has certain aspects of municipal autonomy, are there restrictions on their equivalence with the rest of the county or magistrate court system? In general any county court ...
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8
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2
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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 ...
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2
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64
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In a criminal trial, what is the sequence of proceedings? [closed]
Does the prosecution advance their own case first, calling their witnesses, examining them before the defense cross examines them, all before the defense then presents their case, calling each of ...
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What procedural guidance is existent pertaining to the combination of county court and DTT proceedings? [closed]
What rules govern this practice? Presumably it is done for gains of efficiency, but then are the entire combined proceedings heard according to the tribunal procedure rules? Or componently according ...
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What does it mean that the RPT tribunal member in this case was “also sitting as a district judge of the county court”?
In this case one of the tribunal judges is indicated as having been sitting as a judge of the county court, even though the claim had been brought in the first tier tribunal of residential property.
...
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How does a body corporate get sentenced for criminal offences?
Some criminal offences specifically state that if they are committed by the officer of a body corporate then they along with the body corporate itself may be simultaneously processed against as well ...
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Why is the ICO peculiarly structured as a corporation sole? [duplicate]
Apparently this decision was anachronistic but user Alexg has given an excellent explanation of its history which is presented below. I hope he will post it himself as another answer and comment in ...
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53
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Is there a practical way to see the actual rulings/reasons/considerations that resulted in the litigation bars in effect against vexatious litigants?
There is a register of bans available at https://www.gov.uk/guidance/vexatious-litigants, but it is just the barest list of names. Where can one find any more details on each of these cases?
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279
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Do all legal persons have human rights?
For example, a corporate legal person can be proceeded against with criminal charges. Instinctively, one would be inclined to apply such "human" rights as that to a fair trial in protecting ...
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2
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96
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How did the right for peers to be tried by peers end in 1948?
In another question's comments is claimed that the right for aristocratic peers to be tried by their own kind had ended in 1948. How and why did it end then?
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773
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Can private prosecution be brought against anoymous identifying placeholder?
In a civil case, the proper name of the defendant need not be known and it can simply be filed against "the individual with this phone number" and their identity possibly later subpoenaed ...
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Can one elect one's style/title of address in judicial proceedings?
If one wishes to be referred to as "Dr. Franklin," "Lord Jones" or "Lady Smith" (or Sir, or Dame) but does not actually possess the title, will judges use these titles in ...
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Must the DPP necessarily, and is it typically, informed of prosecutions undertaken by parties other than itself?
The fundamental curiosity underlying this question was piqued by this provision:
https://www.legislation.gov.uk/ukpga/1985/23/section/6
And a wondering as to how often it is invoked, which raises two ...
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If one is charged with a crime and then get acquitted, can they be awarded any costs?
If you get convicted, then generally you have to pay something toward the prosecution costs. But what if you prevail in upholding your innocence? Does the street go two ways?
And does the answer ...
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3
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Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?
In court, a legal representative may be conducting the case and calling witnesses and cross examining the other side's witnesses.
Are these representatives "sworn in" under oath?
As they ...
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Is there any statutory timeframe for how long one may be forced to wait for a Care Act 2014 need assessment?
If one is left in housing limbo having applied to a local authority as homeless for an unreasonable amount of time (I've heard it may be six months), one may be entitled to thousands in compensation ...
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What is the role of barristers?
A recent question apparently mischaracterises the role of a barrister as "merely to study their instructions and perhaps an exhibit bundle that is readily prepared from them and then to draw on ...
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How must British beef be raised?
Beef labelling often boasts of its provenance being thoroughly British, but what legal standards and requirements are in place to make this a mark of quality?
Are there standards such as governing how ...
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How did the “American rule” as to legal costs originate?
At some point the US diverged from its common law ancestor, the English system, and the respective divergences came to be known as the American and English rules. The American rule is that parties ...
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Can litigants in person claim other costs than their time?
Suppose an in person litigant wins their case. Now suppose they wish to seek costs from their counterpart. Typically this is assessed at £19ph. But what if this litigant was disabled, for example ...
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Even when English law lets suspects to remain silent, when ought Suspect choose to talk to the police without a lawyer? [closed]
Presuppose that at the time of stating something to the police, no lawyer represents Suspect, and English law lets suspects exercise the qualified right to silence. Unlike in USA, in England,
Where a ...
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What were the primary instigatory forces behind the 2016 improvements to the Housing Act 2004’s rent repayment order regime?
It is often cited what the reasons are behind the changes brought in 2016 to the regime. But which forces had brought the shortcomings that the regime was proving to have statistically and in practice ...
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Why could there be differing venues for S214 claims and RROs?
Tenant fees act 2019 allows for recovery of prohibited payments in the relatively accessible and informal tribunal setting.
Housing Act 2004 also sets out the RRO procedure in the same accessible ...
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Is service of a notice seeking possession ancillary activity constituting the conduct of litigation? [closed]
Apparently a letter before claim qualifies as ancillary activity so as to constitute the conduct of litigation. But as a notice seeking possession largely fulfills the same role with respect to a ...
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What rule governs when county court decisions result or don’t result in written statements of reasons?
I recall reading that at the circuit judge appellate level, the answer is yes. But I’m more wondering specifically about the district judge or deputy district judge level of first instance.
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Boundary Fences UK: What Comes Under Class A, Part 2 Schedule 2 of the General Permitted Development Order 2015 (Amended)?
What residences/businesses come under Class A, Part 2 Schedule 2 of the General Permitted Development Order 2015 (Amended)?
I have a strange situation where my neighbour had a 3m screen (1m wide) ...
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Why do we have a written and reasoned judgment of Bower v Brewdog?
I thought that in general, cases at the county court level are decided summarily, unless and until they get appealed to, e.g., the circuit judge.
Yet, Bower v Brewdog appears to have been judged by a ...
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