Questions tagged [england-and-wales]
Questions specific to England and Wales
141
questions with no upvoted or accepted answers
6
votes
1
answer
771
views
Is it illegal for my school to install spyware onto my own laptop?
My school installed something called 'Securus XT' onto my laptop. I knew it was meant to be a safeguarding thing but I didn't know they would be able to see every single thing I do on my own laptop (...
5
votes
0
answers
187
views
If the police tell you not to drink does that have any legal force?
It is reported in the news that during an arrest of suspected protestors a police officer instructed one person that they could not drink their coffee with a reason that it may be poisoned. This ...
- 5,908
5
votes
0
answers
671
views
Is it legal to format shift / strip DRM in the UK?
Suppose I have lawfully purchased an ebook for myself, on a permanent basis. Section 28B "Personal copies for private use" of the Copyright, Designs and Patents Act 1988 seems pretty clear ...
- 206
4
votes
1
answer
170
views
Is the server owner required to ask for ID to allow access to adult content on a Discord server in the UK?
Consider somebody is running a Discord server that allows for NSFW content. They use the NSFW tag on the relevant channels, so as to defer to Discord's own "I am over 18" button for ...
- 141
4
votes
0
answers
82
views
Under what law were the Republic protestors initially detained?
The detention of the Republic protestors at the coronation is reported so:
At around 6am on the morning of the coronation, Smith and his colleagues brought down the amplifiers and megaphones from ...
- 5,908
4
votes
0
answers
121
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 ...
- 161
4
votes
0
answers
250
views
Which local bylaw allowed the Wigan Casino to host all-nighters?
The Wigan Casino night club (1973-1981) was central to the Northern Soul movement. Club goers were known to use amphetamines so they could dance and enjoy music until morning. In the documentary This ...
4
votes
1
answer
242
views
Is the inability to bypass a duty free shopping area in UK airports a violation of the Equality Act?
In many airports in the United Kingdom, passengers are required to walk straight through a duty free shop (as in straight through it, not alongside its entrance) to get to the departure gates after ...
- 174
4
votes
2
answers
127
views
Capping your claim in an English small claims court?
From what I understand, in English small claims courts the maximum claim is £10,000. Above this amount, the case needs to go through a different track.
If you are technically owed a greater sum than ...
- 234
3
votes
0
answers
35
views
Does the UK building regulations allow for having no principal contractor for domestic clients?
Under The Building Regulations 2010 (as amended), a domestic client is a client where the project is being carried out for non-business reasons.
A contractor is someone who carries out the work, and ...
- 131
3
votes
0
answers
96
views
Council Tax Rebate was sent to the wrong person
I have been renting a London flat since May 2021 and I had informed the council about the move. I even contacted them later on for other issues (environmental and nuisance). When I first moved in, I ...
- 507
3
votes
0
answers
42
views
Can ones frequency/propensity of utilizing American (either debit or) credit cards' chargeback mechanisms affect the chances of future times' success
If one requests many chargebacks, can this degrade one's credibility in the credit card issuers/payment networks' eyes, or reduce the chances of future chargeback disputes being adjudicated in a ...
3
votes
0
answers
140
views
Why would a Landlord require a Tenant to sign an Offer to Lease that binds the Tenant to the Tenancy Agreement, rather than merely the TA itself?
I need to lease retail space at a shopping arcade. Landlords' Leasing Manager emailed me
Landlords structured its OTL to bind prospective tenants, even if they don’t sign the formal TA. Once signed ...
user89
3
votes
0
answers
131
views
Can organisations like Extinction Rebellion be sued for costs incurred as a result of them protesting?
If an organisation like ER or specific others are planning to disrupt the airport's operation (re https://www.bbc.co.uk/news/uk-england-london-49509852) and that incurs me financial costs as I may ...
- 31
3
votes
0
answers
117
views
Workplace law for dismissals and probation extensions
I posted a large amount of background info here.
In short:
I began working for a company in the UK on the 1st June this year. My 3 month probation was extended by one month.
The notice to extend ...
- 131
3
votes
1
answer
247
views
Building regulations inspection not done until almost 10 years after the works - still enforceable?
I bought and completely refurbished my UK (Midlands) house 10 years ago. This included removing the problematic old staircase and fitting a spiral staircase. In total, the only building regulations ...
- 143
2
votes
0
answers
22
views
Obtaining certified copy of old UK adoption ruling
I am trying to obtain a certified copy of an adoption/custody ruling that was made in a UK county court in 1971. The ruling concerns my sibling and it is on their behalf that I am trying to obtain it ...
- 121
2
votes
0
answers
81
views
Is it an offence to make FOIA requestsrequests pseudonymously?
Meet Bob, Bob has submitted a FOIA request to a public body under a pseudonym, which it has accepted and proceeded with fulfilling.
A few months after its fulfilment, it comes to light that Bob had ...
- 9,324
2
votes
0
answers
55
views
What precedents specify the scales of compensation for false arrest, and how would one set about finding them?
According to an unreferenced law firm’s website,
As a general guideline, you may be able to claim around £870 for the first hour of false imprisonment, which increases to around £5,210 for 24 hours.
...
- 9,324
2
votes
1
answer
103
views
What if any is the difference between advertising a product and advertising a business?
In the The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 the requirements for dog breeding to be licensable are:
PART 5
Breeding dogs
Either or both of the ...
- 5,908
2
votes
0
answers
112
views
If one claims scientific justification for a belief do you lose protection for that belief under the Equalities Act?
This recent excellent answer discusses the Grainger test, and states:
(ii) It must be a belief and not an opinion or viewpoint based on the present state of information available.
Particularly, a ...
- 5,908
2
votes
0
answers
42
views
Is it ever possible to "sell" the right to action a tort?
Suppose Bob discriminates against Alice on a date 1/1/2023. Alice has a right to sue Bob for this discrimination for some limited period, but she doesn't care to bother with the hassle of pursuing ...
- 9,324
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 ...
- 9,324
2
votes
0
answers
114
views
What provisions allow police to bring an elderly person home against their will?
On January 6, 2021, police famously detained late then 90-odd year old Eric Levy outside of Westminster magistrate's court, and everyone thought that he had been arrested for breaching Coronavirus ...
2
votes
0
answers
77
views
Can a squatter exclude a subsequent trespasser from a property?
Meet Bob. Bob is occupying a property as a squatter and is awaiting his hearing date for the interim possession claim. In the meantime, he is organising private underground music events in the ...
2
votes
0
answers
80
views
What determines order of precedence in occupation rights?
Meet Alice. Alice lets a house to Bob on a 6 month contract who then sublets it to Charles on a 12 month contract. Alice serves notice to the property addressed to Bob at the end of their term, which ...
2
votes
0
answers
70
views
Tip of my tongue... What official source states that the government would like landlords not to view tenants merely as objects to extract money from?
I was recently reading some legislative document which stated in its preface/abstract/introduction/explanatory note that it envisions an England wherein it would like landlords to take their ...
2
votes
0
answers
51
views
Does right to work or other immigration related provisions affect migrants' ability to volunteer with charities?
Right to work scheme I think extends to apprenticeships and internships but does it or anything similar apply to volunteering at charities?
- 835
2
votes
0
answers
32
views
Statutory basis of Border agents' obligation to make "reasonable accommodations" for vulnerable individuals?
In a brief but curtailed discussion with an immigration solicitor at a recent charity event, they began explaining that adults who were vulnerable due to mental illness, clearly palpable ...
- 835
2
votes
0
answers
62
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?
2
votes
0
answers
223
views
Why can a trust be valid, but unenforceable? But not contracts?
I am quoting two Oxford University Law professors.
Aruna Nair wrote
Thus, while a trust of land may be created orally, a beneficiary will not be able to enforce any interest under it unless the trust ...
user42021
2
votes
0
answers
39
views
Options when contracted services being performed without reasonable care or skill
In England, under the 2015 Consumer Rights Act, services have to be performed with reasonable care and skill.
So what is a good, but legal, course of action when it becomes apparent during the supply ...
- 83
2
votes
0
answers
52
views
How do I find who owns (and is responsible for) the maintenance of the fence between two houses?
According to the official land registry .gov.uk website "there’s usually no record of the exact boundary between two properties, or who owns the hedge, wall, tree or fence between 2 properties&...
- 171
2
votes
0
answers
38
views
In England & Wales, how much latitude is there in the phrase "at business premises" in VERA S.29(2C)?
In the Vehicle Excise and Registration Act 1994 (as amended), Section 29, Subsection 2C, an exception is made to the offence of using or keeping a vehicle which is unlicensed, "if the vehicle is kept ...
- 504
2
votes
0
answers
142
views
My teacher is requesting private family life details, is this legal?
I live in England. My teacher is requesting private family information as homework. We're studying the play Romeo and Juliet, and she wants us to ask our parents about their dating experiences.
I don'...
- 41
2
votes
0
answers
34
views
Apportioning a settlement in one case for damages calculation purposes in a second related case
(Sorry this is a bit long, but the question is straightforward. The broad situation described is real, however, although generalised.)
Background
Alan buys a substantial and valuable income-...
- 3,179
2
votes
0
answers
260
views
Can I get kicked out of the UK if they leave the EU?
I am an Irish citizen and I moved to the UK a few years ago. Now they are going to vote whether to leave the EU. I know they might decide not to apply the law retrospectively but by law- would they be ...
- 281
2
votes
1
answer
207
views
Travelling to off site client, how far is acceptable. Uk
My partner works at an audit company and sometimes has to travel to clients. These are usually near where she works and does not significantly increase her travel time. Occasionally they will find a ...
- 121
2
votes
1
answer
66
views
What is the threshold of disruption caused necessary to establish an aggravated trespass?
Section 68 Criminal Justice and Public Order Act 1994 creates the offence of aggravated trespass turning the act into a crime from a mere civil tort.
But the line seems rather fuzzy. So which ...
- 9,324
2
votes
2
answers
134
views
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 ...
- 5,908
1
vote
1
answer
38
views
What is the closest equivalent to criminal compensation orders in your jurisdiction(s) of expertise?
In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
- 9,324
1
vote
1
answer
56
views
Does forfeiture for service charge arrears result in total loss of leasehold price?
Alice purchased a leasehold of 100 years for £100 million, yet it requires her to pay £5000pa in service charges.
After 5 years Alice starts to fall behind on her service charges and eventually ...
- 9,324
1
vote
0
answers
19
views
Does consideration in the form of ground rent for a leasehold have a different effect than the lease’s purchase price?
The leasehold reform (ground rent) act 2022 limits ground rents to a symbolic annual (literal) peppercorn. However it doesn’t seem to require, but merely allow, the charging of such a ground rent.
...
- 9,324
1
vote
0
answers
72
views
What data protection law was broken by Alison Rose lying about the reason for closing Nigel Farage’s bank accounts?
The former NatWest chief executive Alison Rose spoke to a BBC journalist about the planned closure of Nigel Farage’s bank accounts. It is in the news today that the ICO has said in a report said that ...
- 5,908
1
vote
1
answer
58
views
What is the likely penalty for an organisation failing to comply with a subject access request by many months, on the 1st, 2nd, and 3rd occasions?
ACME Inc. Receives a subject access request from Bob, and fails to respond to it for 5 months. What are the likely sanctions faced by ACME, in case this was the:
1st,
2nd,
or 3rd
Such incident of ...
- 9,324
1
vote
0
answers
15
views
In crimes prosecuted by local authorities, do they take the place off the police or the CPS?
For example, illegal eviction may be prosecuted by local authorities. In this case, does that mean that they refer the cases after charging to the CPS rather than the relevant police forces? Or that ...
- 9,324
1
vote
0
answers
50
views
Can a contract stop part-time employees (but not full time employees) getting a second part-time job?
I am currently considering a funded PhD post. They allow both full-time and part-time applications. They were very clear that if you do the PhD part-time, you at not allowed to do any other paid work, ...
- 19
1
vote
1
answer
300
views
Can a ban from a venue be nullified by subsequent admittance?
Bob was expressly told by an employee Emily of a business to never return to that location. A month later, he returns and Emily advises her colleague Colleen the Bob has been banned. A year later Bob ...
- 9,324
1
vote
0
answers
88
views
Does the GDPR/data protection act contain any anti-reprisal provisions?
The Information Commissioner's Office ICO advisers state that one “shouldn't” be treated any directly or less favourably as a result of exercising one’s rights under the legislation. What legal ...
- 9,324
1
vote
0
answers
59
views
Unwanted TUPE Transfer
Suppose that Law Firm A has a team of solicitors dedicated to Client X. Client X decides to procure from Law Firm B instead, and there is a service provision change under TUPE. The team of solicitors ...
- 183