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Questions tagged [england-and-wales]

Questions specific to England and Wales

32 questions with no upvoted or accepted answers
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4
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0answers
103 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 ...
3
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71 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 ...
3
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0answers
70 views

If I use the Deposit Protection Service-provided Alternative Dispute Resolution, is there any danger of legal fees or legal consequences?

The background of the dispute is below. To be clear, this is not really about the money, but about the principle. I believe the landlord is attempting to take advantage, and many tenants more timid ...
3
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0answers
189 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 ...
3
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1answer
46 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 ...
2
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1answer
130 views

Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 98. The red underlines fit para. 31 of the judgment: In the present case the price for which R's promise was bought was the ...
2
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0answers
23 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.
2
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0answers
71 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 ...
2
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0answers
126 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'...
2
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0answers
26 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-...
2
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1answer
109 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 ...
1
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0answers
47 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 say glue, say ...
1
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40 views

To businesses using Condition 8, why are the outcomes in Phillips Products v Hyland and Thompson v Lohan inconsistent?

The two cases are Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd [1984] EWCA Civ 5 and Thompson v T Lohan (Plant Hire) Ltd [1987] 2 All ER 631. Condition 8 was the same in both, and ...
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16 views

Why could Change of Position 'logically allow lenders to retain a charge for the sum lent to debtors in reliance on the guarantee's enforceability'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 359-360. Howes Percival LLP Partner Geraint Davies Manchester Polytechnic (1988 LLB), Guildford College of Law (LSF 1989). outlined (the defence ...
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149 views

Why could the ‘but for’ tests swallow up virtually all duty-defining clauses?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 432. Kindly can someone expatiate the red underline? green underline? In the green underline, what do 'the parties' normative rights and ...
1
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1answer
41 views

Why ought a third-party promisee to a contract make his claim in the alternative?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 135. How's the red underline true? How's "third parties" ambiguous? The textbook refers to the Introduction that doesn't define "third ...
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282 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 ...
1
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1answer
137 views

Am I required to re-attach neighbours gate to my fence post?

I’ve had my my fence replaced including new posts, which I’m 100% sure is my my fence, post, and boundary. Previously the neighbour’s gate was directly attached to my fence post, I’ve allowed it to ...
1
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0answers
97 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 ...
1
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31 views

Contract and back dated pay

So basically I am in a situation where I finished my apprenticeship at a big company and was promised a pay rise in February that still hasn't happened. I was taken on with a fixed 12 month contract ...
1
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44 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 ...
1
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0answers
34 views

Property prices of new build in the UK

In the UK you can view property sold prices in the Lnad Registry website. It takes a couple of months until it's displayed. However I noticed that for newbuilds there's nothing even after a year. So ...
1
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0answers
33 views

Conveyancer sent details of different property

While buying our first house I noted that the solicitor we're using for our conveyancing wasn't fantastic, such as sending us a completion bill which didnt take into account the fact that we'd already ...
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0answers
379 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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74 views

NHS GP medical records, Caldicott Principles, Psychotherapy

I requested my medical records from my GP. A large number of items have been redacted. I wrote to my GP asking why have they been redacted, however they didn't reply. I attended a psychotherapy clinic,...
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23 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 ...
0
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0answers
15 views

How long is a Divorce Financial Settlement kept by the registrar of a local UK county court

I have a stamped divorce financial settlement document that was lodged with a UK local county court in 1990 - is a record of this still being held at the county court?
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59 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 ...
0
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105 views

Why's it “not strictly true” that an act, done before promising to pay or confer some other benefit, can sometimes be consideration for the promise?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 77-78. This post's title is based on the teal sentence marked by the red triangle (▲). How isn't (▲) fulfilled by the two cases ...
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1answer
63 views

Why'd a claimant be allowed to recover deposit if it acts in bad faith, when a contract obligated good faith and reasonable endeavour?

O'Sullivan & Hilliard's The Law of Contract (Core Texts Series) (2018 8 ed). p. 83 4.29 A similar issue arose in a slightly different way in Shaker v Vistajet Group Holding SA (2012). There, ...
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27 views

How does 'assault' mean 'assault or battery'?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 320. The quote of s. 57 below accurately just annunciates "assault" (green). Thus was author wrong to write "assault or battery" (...
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44 views

Telephone recording

In "England-and-Wales” Is not illegal to record a private conversation for personal use, so if you have a telephone recording between 3 parties, 2 of which knew was being recorded, can this be used in ...