Questions tagged [england-and-wales]

Questions specific to England and Wales

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1answer
85 views

Direct sales outside of schools

Is it illegal to do direct sales (as in approach parents of students) outside of school gates and market ones tuition business? I got warned by the members of staff at the school to leave the area or ...
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1answer
39 views

Negotiating ‘Uplift overage’ on property (UK)

I am interested in purchasing a home nearby. The purchase is not insignificant, but it has only just been brought to my attention that the vendor has a ’uplift overage’ on a portion of the land that ...
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2answers
125 views

Does an English Police Officer have the authority to compel a purchase?

Per these news article in the Daily Mail and Daily Express, Special Constable Penny Lancaster arrived at the scene of a crime, to whit, a gentleman urinating inside a public sculpture. She then... &...
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2answers
133 views

A Lawyer recieves an unintended letter from a client. Is it privileged?

This is based on a situation in a mystery novel. In the novel a lawyer receives an envelope addressed to him by a client, in the client's handwriting, which the lawyer knows well. But the letter ...
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1answer
79 views

If someone who has obtained a GRC 'detransitions', can they 'return' to their original gender?

If an individual obtains a Gender Recognition Certificate, but then decides that they identify with the gender they were assigned at birth (so-called 'detransitioning'; cf the case of Bell v Tavistock)...
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2answers
95 views

How to send a document restricting its spread?

I have a personal project I am working on and I wrote a detailed presentation of it, where I describe the internal mechanisms in a certain detail. I do not know how/if I will license it in the future, ...
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2answers
87 views

Tenants not told about planned construction work

I have just moved into a new flat in London, UK and there was planned construction work for a shop underneath that me and the other tenants were not informed about. What are my rights at this point? I ...
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0answers
65 views

Didn't Padfield transmogrify the unfettered discretion of the minister into the unfettered discretion of the judges?

If English judges "are the final arbiters of how an Act of Parliament is to be interpreted" (first quotation below) and "the use of that adjective, even in an Act of Parliament, can do ...
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1answer
44 views

What does it mean for the Administrative Court to be “acting as a constitutional court”?

Kindly see the boldening below. It baffles me because the UK doesn't have a SEPARATE Constitutional Court, unlike France or Germany. Isn't the Administrative Court a Constitutional Court? The work ...
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1answer
84 views

Can I read discarded post?

I am a landlord, and a previous tenant of mine has left the property. They have left piles of black bags in the rear garden and in the property. Some of the bags contain letters that have been ...
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1answer
47 views

What laws should I be aware of if I were to start a business scraping profile content from a website and using this content to build another website? [closed]

The idea is to build websites for people (in the UK (at least to start with)) using content that they have uploaded to another website. I will cold-call them, ask them if they would like a website and ...
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1answer
126 views

Why doesn't s.65 Consumer Rights Act 2015 bar grocery staff from excluding their liability for killing my horse?

Here are the facts of my case. P (Plaintiff) rides her horse into town. P decides to stop at D’s (Defendant) grocery store. In D’s car park she ties the horse to a pole, where there is also a ...
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2answers
102 views

If a second builder completes a house at higher cost, why would this affect your claim for damages against the first builder?

Here are the facts of a problem question, created by my law teacher. B1 (Builder 1) had agreed to build four backyard micro-cabins for P (Plaintiff), a developer, at a cost of £5 each. It was agreed ...
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1answer
56 views

Are there different penalties for crimes against a PCSO as opposed to a police officer?

A person has recently been arrested for the murder of a Police Community Support Officer (PCSO) in Kent, England making me wonder: Is the murder/assault/other crimes against a PCSO subject to the same ...
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17 views

Are the Court of Appeal's points on forum non conveniens & arbitral seat choice still good law after the UKSC's decision in Enka v Chubb?

In Enka v Chubb [2020] EWCA Civ 574, Popplewell LJ found at para 61: There is an express forum conveniens requirement in most cases of applications for permission to serve out of the jurisdiction: ...
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2answers
46 views

If a rogue signed a written “Sale Note” with the original owner, then how can a contract between O and R be oral?

How can the contract between O and R be oral??? How's this question "deliberately ambiguous on whether the contract is oral or written"? Even if O and R negotiated the sale orally, R signed ...
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1answer
30 views

How can consideration be past when the offeror demanded a price, and all discussion of consideration precedes the contract signing?

How does the issue of past consideration arise at all? I'm relying on the paragraphs chronologically. Obviously P's acceptance (see bold below) precedes 'P and D signed a contract'. Then any ...
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1answer
41 views

Sentence given when a Summary only offence has imprisonment over 6 months?

I was reading into the Wireless Telegraphy Act 2006. At the sentencing section, I note the following: (a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not ...
2
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1answer
59 views

Can adverse possession be used on land that IS registered?

Adverse possession is normally talked about in terms of finding and claiming land for which there is no registered ownership. Around us, a lot of land is listed as registered by the local council ...
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0answers
72 views

Can a wall fully on one's land be part-party?

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. In contrast to ...
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1answer
57 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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1answer
59 views

What does “beyond a mere matter of compensation” mean?

I'm guessing that "compensation" means pecuniary damages, thus "matter of compensation" means private law (contract and tort). Is LCJ Hewart saying that the accused negligence's ...
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3answers
72 views

What time protection does the Fraud Act of 2006 offer to the accused?

A person has been threatened with Fraud Act for a claim he made a year back. The claim was approved by the other party and there was a payout. After a year, the party threatens to charge with fraud ...
5
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2answers
116 views

The jurisdiction's name is England & Wales: but is the law English or English & Welsh?

The jurisdiction covering much of the UK is named England & Wales. How should one refer to the law of that jursidiction: as 'English law' or 'English & Welsh law'? A few notes: The ...
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1answer
114 views

Is it legal to put a traffic cone on the side of the road to protect property?

Does the law in England allow a traffic cone to be placed on the road next to property to help warn drivers and to protect the property?
3
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1answer
57 views

Mortgage broker took out life insurance without approval by client (UK law)

This is an odd one and I hope someone could explain the law for me (ideally with a link to the actual law). This case happened in the UK (England to be specific, should that make a difference). About ...
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0answers
59 views

Livestreaming a display of hypnotism to Britain from abroad? (Ref: Hypnotism Act 1952)

The British Hypnotism Act 1952, of which sections are variously in force in England and Wales and in Scotland, concerns demonstrations of hypnotism at "places licenced for public entertainment&...
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1answer
51 views

Reasonable amount of time to assume terms are agreed (UK/England)

Bit of background on this question; A group raised a conflict of interest dispute against our group - we immediately took necessary steps to remedy this action. We let them know within a day that we ...
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1answer
101 views

How is 'severe distress' defined in UK Coronavirus regulations?

The The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020, Part 2, Regulation 3 states: (1) No person may, without reasonable excuse, enter or ...
2
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1answer
20 views

Violation of Title Deed Covenants

Title deeds in England often stipulate a list of restrictions and obligations. I am unclear though who can enforce them and how. My current title prevents me interfering with people trying to attend a ...
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2answers
45 views

Can a company waive liability for a self-employed contractor without the end client being a party to the agreement?

Consider a self-employed web developer whose work is outsourced from another web development company. That developer could be liable for any mishaps and could be sued by their clients. The web ...
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1answer
57 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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1answer
540 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 ...
6
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1answer
747 views

Did the Buckingham Palace intruder commit a crime?

Having just watched the episode of The Crown (Netflix series) dealing with the break in at Buckingham Palace in 1982 by unemployed man, Michael Fagan, I looked up the Wikipedia entry on the matter and ...
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2answers
65 views

How long can an employer keep financial details after employee has left under GDPR?

I finished a job in 2019, but just received notification of a data breach at that job in 2021, and my bank account number, sort code, national insurance number, full name, address and date of birth ...
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1answer
154 views

UK Law Question (England): Can I Sue someone if they post a video of me on social media Without my Consent?

Scenario: Someone starts talking to you while they record you without you knowing it. You notice they're recording you and they tell you the video is going on Youtube. You tell them that this is only ...
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1answer
84 views

Can you take decisions of mental health tribunals to the High Court or the Court of Appeal in the UK?

My Legal Skills book by Stefan Fafinski and Emily Finch, says it's possible to take decisions based on tribunals for: immigration, social security, child support, pension, tax, and land to: High ...
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1answer
84 views

What can be done regarding gathering possessions from a rented student house where someone is unable to visit due to bullying? [closed]

A bit of strange circumstance: I have already looked online on various Housing charities and legal forums, but I haven't been able to get an approach that meets the specific circumstances as this ...
2
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1answer
48 views

What 'Notice of charge' fee applies when not specifed in a lease?

I'm a leaseholder of a flat, currently going through a remortgage in the UK. The lender's solicitor has told me that they're waiting to hear back from the landlord on what "notice of charge" ...
3
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0answers
102 views

Can the landlord force viewing of apartment during lockdown? (England)

My landlord is considering selling the flat I am currently renting and would like to arrange viewings. However, we are still in a national COVID lockdown, and I do not feel comfortable letting people ...
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1answer
69 views

Is there a legal definition of maintaining another (paying maintenance) in English law?

In the legislation for Inheritance (Provision for Dependants) Act 1975 it states that "any person (not being a person included in the foregoing paragraphs of this subsection) who immediately ...
3
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2answers
135 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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4answers
142 views

How can an un-enforce-able contract still be valid?

I don't understand how a contract can be UN-enforce-able, but still valid? Doesn't "uN-enforce-able" mean "invalid"? Presuppose that your surgeon doesn't email with patients, you ...
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1answer
68 views

What does it mean to grant rescission on terms?

Kindly see the embolded phrase below. 18.5 Remedy There is no tort of undue influence. As a result, C cannot recover damages from D if a claim in undue influence is successful. This is sometimes ...
3
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1answer
469 views

Is it illegal to carry an improvised pepper spray in the UK?

Civilian possession of pepper spray is banned in the UK, due to its use in self-defence. There are, of course, many household items that can have a similar purpose. While not nearly as effective, no ...
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1answer
54 views

How does a 15% discount on a car's price evidence reasonableness of an exemption clause?

I don't understand how a 15% discount on the car's price "favour[s] DM". It DISfavours DM because it reduces DM's profit! Anyways, I don't understand how it points "to the ...
2
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2answers
166 views

Why can you be convicted for conspiring to project indecent images into the night-time sky, but not conspiracy to defraud a dead person?

I don't understand the difference between these two examples, because in both cases, the goal is scientifically impossible! What does "if the means used to achieve the purpose are impossible&...
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1answer
178 views

What explains the contradictions among English accomplice and inchoate offences?

What's the intuition why some conspiracies and attempts are offences, but not others? I'll just list 2 incongruities. I. Why it's "possible to convict someone of conspiring to commit a ...
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1answer
53 views

Isn't “conspire to conspire” the same as “conspire”?

Kindly see the boldened phrase below. If you conspire to conspire, then you conspire, correct? Then how does "conspire to conspire" ultimately differ from "conspire"? An agreement ...
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1answer
83 views

If a defendant was threatened with grievous bodily harm unless he caused grievous bodily harm to another, why can't he rely on necessity?

Kindly see the embolded sentence. Why can't such a defendant rely on Necessity, but can rely on Duress of Circumstances? 2.5 Duress of Circumstances In some cases where the defendant does the lesser ...

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