Questions tagged [england-and-wales]

Questions specific to England and Wales

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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 (...
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4 votes
0 answers
167 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 ...
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3 votes
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109 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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112 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 ...
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3 votes
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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 ...
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  • 131
3 votes
1 answer
67 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 ...
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  • 143
3 votes
1 answer
72 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 ...
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2 votes
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45 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?
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2 votes
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96 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 ...
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35 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 ...
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2 votes
0 answers
125 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 ...
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2 votes
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49 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&...
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2 votes
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300 views

Is it legal to put a CCTV camera on a residential property covering a path with an easement?

What are the legal implications of a house owner putting a camera on their house which points at a path with an easement on it, such that someone else has a right of way on that path? I.e. it's not a ...
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  • 161
2 votes
2 answers
158 views

How do I find out if a company I want to claim against has a UK address

I intend to take Norwegian airlines to court to claim for unpaid compensation. This is NOT a question about whether I am entitled or not, I need to know to whom I should address the small claim. The ...
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  • 121
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0 answers
37 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 ...
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2 votes
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136 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'...
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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-...
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2 votes
1 answer
471 views

Minimum dimensions for a hotel room in the UK

Are there any laws in England which dictate the minimum size a hotel room has to be so it can be rented out? I can only find information on renting of homes etc.
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2 votes
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249 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 ...
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  • 281
2 votes
1 answer
174 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 ...
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2 votes
2 answers
69 views

What's the difference between a conviction that is spent and one that is expunged?

This came up in the comments thread of this question so it was suggested to ask it.
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1 vote
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43 views

What constitutes "accepting" rent payments to effectively resurrect a terminated AST?

If a landlord does not qualify that rent payments received are being accepted as mesne profits then they have resurrected the tenancy. But these days most rent payments are performed by faster ...
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1 vote
0 answers
36 views

Is it allowed for a solicitor to advise and represent you while claiming hourly compensation from legal aid but also % of your winnings?

If solicitor gives you services and claims hourly fees from legal aid because you are eligible but also then takes a 15% cut of your final settlement amount, is this allowed or in a sense cheating the ...
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  • 3,243
1 vote
0 answers
16 views

Is it more common to award landlords eviction order application costs than possession hearing application costs?

It could be argued that a tenant who has no valid grounds of dispute but defies a matured s21 notice and waits for a hearing to leave is simply exercising his rights to stay until asked politely to ...
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1 vote
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32 views

Is landlord entitled to show residential rental property to prospective buyers?

Alice rents a house from Bob and she lives there. Bob wishes to sell the house and gets serial interested prospective buyers, none of whose offers he wishes to accept. As a result he basically ...
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1 vote
0 answers
42 views

UK Mortgage security law

Do any laws of England stop banks from blocking second mortgages by securing excessive values on a mortgage ? I have a New Zealand mortgage where my bank blocks second mortgages by securing $520,000 ...
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1 vote
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Does Section 20, Landlord & Tenant Act 1985 apply to price increases on existing services?

I've just received my annual invoice for a service charge on a leasehold property which has again increased by a sizeable amount. I noticed that in the summary of tenants' rights & obligations it ...
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1 vote
1 answer
133 views

Mental health consumer rights (UK)

Are there any specific UK laws that deal with the following? I've struggled with mental health problems most of my adult life and am currently on the waiting list for an nhs referral to a psychiatrist....
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1 vote
0 answers
83 views

What's the law on the NHS's postcode lottery?

Googling yielded a 2002 editorial Impact of the European Convention on Human Rights on medical law, but this may be outdated. Has anyone tried to sue the NHS on the ground that their postcode lottery ...
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1 vote
0 answers
75 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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1 vote
1 answer
119 views

UK - Tenancy Deposit Scheme - what is the exact process of return?

I moved out of the property I rented at the end of June. Same day I asked for my deposit back. Letting agency returned with the End Of Tenancy Report listing all defects they found on the 7th of July. ...
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1 vote
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43 views

Requirement that terms not defined in a contract can only rely on the industry definition if "ubiquitous"

I had a reference to a case in english law where the judgment was that the supplier could not rely on the standard definition of a term within the industry, unless the other party was also active ...
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1 vote
0 answers
61 views

Can a company's advertising slogan undermine their own trademark protection?

Growing up in the 70s in the UK, a common brand of glue was UHU®1, and, at least at the time2, this was often advertised with the slogan "Don't say glue, say UHU". If the phrase "Don't ...
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1 vote
0 answers
85 views

Neighbour damaging property boundary - what are our rights?

UK query here. My question is about the options available to us when a neighbour carries out actions that damage our hedge boundary. The rights and responsibilities of property owners when it comes ...
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1 vote
0 answers
46 views

Does the UK have a legal precedent for "inherence" with refunding digital goods (& associated contracts)?

For example, if one were to purchase a digitally distributed video game, then a year or two later purchase DLC (or other content reliant on the game to be used), if a refund was obtained on the ...
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93 views

Is it illegal to exercise or sunbathe nude on your publicly visible balcony?

I suppose there are no public nudity laws unless it is done in a sexual spirit to make it indecent exposure. One would be visible from the street as well as to one's neighbors. If they object perhaps ...
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0 votes
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23 views

data sharing implications of responding to electoral register data poll

If one is not eligible to vote, is it still required to fill out the whole entire form? If you don't respond, it says you may be fined up to £80. If you pay the fine within a certain amount of time, ...
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  • 3,243
0 votes
0 answers
70 views

Duration of illegally terminated tenancy and right to occupancy

Suppose one Is illegally Evicted from their home by an ignorant and zealous landlord. The tenant has some right to use reasonable force to reenter the property, criminal law act 1977 notwithstanding. ...
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0 votes
0 answers
55 views

Exemption for "conduct of litigation" as a lay representative?

The following activites are "reserved legal activities" per the Legal Services Act 2007 ("LSA 2007"), s 12(1): (a) the exercise of a right of audience; (b) the conduct of ...
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0 votes
0 answers
75 views

Indemnity v. Restitutionary/Reliance Damages

How does "indemnity" differ from "restitutionary/reliance damages"? Why do these four textbooks all still write "indemnity", when the first textbook quoted below advises it's "more accurate to ...
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0 votes
0 answers
66 views

Can one claim adverse possession by simply securing an existing boundary in England?

A small (.5Acre) plot of land sits adjacent to our property boundary, officially designated "grazing land" it is in practice wild scrubby, sometime-flooded ground that sits between our garden and the ...
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  • 169
0 votes
0 answers
26 views

Claiming costs if a faulty product causes property damage

I received a faulty sports product which broke during first use. The breakage was caused by incorrect fasteners being supplied with the product. The incident in question caused significant damage to ...
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  • 141
0 votes
0 answers
39 views

Which 'condition' fits "‘basis’ or condition on which the benefit was transferred"?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465 Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.
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2k views

Is it legal to import a whip to England for use as decoration?

I would like to know if it is legal to import a whip to England, for use as decoration. According to a UK Government Webpage Offensive weapons which are designed to kill or inflict serious injury ...
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0 votes
0 answers
105 views

A landlord must provide free internet access, can he charge a deposit for the router?

Had an interesting conversation with a friend about what would happen in such a situation. Let's suppose the contractual term was: "Internet must be provided free of charge to tenants". But a ...
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0 votes
1 answer
54 views

Property Law - Professional Clean/Damage

My landlord is currently trying to charge me for professional cleaning even though the property was cleaned thoroughly prior to moving out and the inventory of the house says that many rooms were of a ...
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0 votes
1 answer
198 views

What's the tiniest modification necessary to convert a bilateral, to unilateral, sales contract?

While trying to modify as little as possible, how can I make the bilateral sales contract in Practical Example 1 unilateral? What if I copy and paste Practical Example 2 and modify like it this? ...
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-1 votes
2 answers
53 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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-1 votes
1 answer
76 views

If cost or repair weren't recoverable, then how would've the obligation broken been treated?

I don't understand the boldened phrase at the bottom of the quote. Recoverability of cost or repair may affect the quantum of damages awarded by the judge, but why ought recoverability affect how the ...
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-1 votes
1 answer
412 views

Where would Boulton v Jones (1857) fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

Where would Boulton v Jones (1857) 2 H & N 564 fit in the red branch or columns, under the Minority's decision? The author mentioned it on the left in green, but not on the right in red. ...
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