Questions tagged [england-and-wales]
Questions specific to England and Wales
1,043
questions
28
votes
1
answer
6k
views
What was the original idea behind the practice of courtroom wigs?
English judges and barristers have for a long time had to wear wigs. What was the intended implied message by the object aesthetic? What was the look of a judge or advocate wearing that type of ...
- 7,157
26
votes
1
answer
5k
views
Would publicly farting on a picture of the English monarch actually qualify as treason in 1798?
A famous political cartoon from 1798 by Richard Newton claims that farting on a picture of the British monarch would be prosecutable as "TREASON!!!" (caps and multiple exclamation marks in ...
- 3,387
25
votes
6
answers
16k
views
As an employer, can I compel my employees to vote?
Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause ...
- 361
25
votes
2
answers
6k
views
Can a private person deceive a defendant to obtain evidence?
In the 2019 movie "Badla" (spoilers ahead), Naina was accused of committing a murder in the UK, and her trial is in London. She denies the accusation. Her clever lawyer Badal arrives and ...
- 466
24
votes
2
answers
8k
views
Do cats have a "right to roam" in the UK?
I've seen numerous sources, including the RSPCA, making claims along the lines that cats in the UK have a "right to roam", are "free spirits", and therefore that cat owners cannot ...
- 1,117
22
votes
5
answers
5k
views
What offence if any is committed by guessing a combination entry lock on a door?
If one effectively guesses the correct passcode to the lock so as to open it without causing any damage and then peacefully enters (seemingly a mere civil trespass) the (previously) secured premises, ...
- 7,157
20
votes
3
answers
10k
views
Is it illegal to turn off someone’s loudspeakers in public?
Let’s suppose someone goes to a certain street and plays an audiobook recording about their political program every day on the speakers at loud volume. If someone walks up and switches the recording ...
20
votes
3
answers
7k
views
Can someone be charged with the murder of unidentified victims?
I've been watching "Des", ITV's dramatisation of the arrest and trial of serial killer Dennis Nielsen. The police seem desperate to identify the names of the victims, despite having the ...
- 645
19
votes
7
answers
5k
views
Are there any laws against either excessively loud motorcycles or riding such motorcycles inconsiderately in residential areas at night?
Loud disturbing motorcycles are awful but occasionally circle around certain roads after midnight up and down gratuitously if the objective is actually transportation. One would hope that there are ...
- 7,157
19
votes
1
answer
5k
views
Is there a contract, or was this offer not accepted?
Mr E orders a cake for his wife's birthday at a bakery on his street. On the bakery's window, a sign is up that says, 'Today's special offer! Any customised cake for £50!' Mr E orders a customised ...
- 1,091
19
votes
1
answer
4k
views
Under what statute can an English judge 'sentence' someone to read classic literature?
This story in the Guardian claims that a judge has imposed a suspended sentence on someone convicted of terrorism offences and has also insisted that he read classic literature by Dickens, Austen, ...
- 324
18
votes
7
answers
8k
views
Do courts generally run at a loss, run at a profit, or generally break even?
Pursuant to a previous question, about a case where the courts seem to have incurred a significant loss in hearing it, what is the general/average position?
For example, many types of routines matters ...
- 7,157
18
votes
3
answers
5k
views
What is the smallest audience for a communication that has been deemed capable of defamation?
Descriptions of the criteria for defamation seem widely to describe any statement that is communicated to a third party as being defamatory if they are (broadly speaking) false and harmful.
This seems ...
- 419
17
votes
1
answer
3k
views
What happens with the ownership of land where the landowner no longer exists?
When the houses in my area in England were built, a small patch of land remained unused / not build on. This was about 50 years ago. While all other land was sold off with the houses, this patch of ...
- 305
15
votes
3
answers
4k
views
Is there anything to stop a private business from barring a previous customer who takes a civil action against it?
Suppose that a customer C sues a shop, S, for some reason or other, whether it be discrimination, negligence, or another reason. Or they make a claim but it gets settled by the business without going ...
- 7,157
15
votes
3
answers
3k
views
To what extent are England and Wales one completely wedded jurisdiction?
Are there any legal provisions that apply only to England or only to Wales but not respectively to the other? Why are they so closely associated with each other as to have just one tag on the site, ...
14
votes
5
answers
6k
views
Alice's restaurant profiteering from those with allergies
Suppose Alice has a restaurant where she serves pies for £10. She can make them with gluten free bases for the allergic, and these bases cost her £3 over the regular ones' £0.5. However, to make one a ...
- 835
14
votes
2
answers
23k
views
The legal length of one month
Referring specifically to employment contracts in England, I've seen contracts that specify "one month of notice" to be given before termination of the contract.
This does not specify whether this ...
- 505
13
votes
3
answers
6k
views
What happens if I sell the same physical item to several people?
Follow-up question for Could a contract with ludicrous terms be enforced?
At the end of the hypothetical there, they raise the possibility of someone secretly selling the same physical item (a unique ...
- 241
13
votes
3
answers
6k
views
Does grabbing someone by the jacket constitute assault?
What is considered assault in England ? An example Person A swore at Person B and was grabbed by the jacket by person B in a casino.
Has Person B committed assault even though person A may have ...
- 319
13
votes
1
answer
4k
views
Can an American living in the UK become a British citizen without losing American citizenship?
If an American citizen living in the United Kingdom (England if it matters) meets all of the UK's requirements for naturalization, can he become a British citizen without losing his American ...
- 13.3k
13
votes
3
answers
4k
views
Why is it unlawful for an officer of the court to inform a jury they may find as they see fit, absolutely?
Jury nullification may not be the worlds best know term, but it's certainly no stranger to this Stack.
I'm curious how it comes about, and how it is legally justified, that an officer of the court is ...
- 3,159
12
votes
3
answers
4k
views
Who owns the rights to the questions on Stack Exchange?
I asked a question here a year ago and this was removed. Who owns the rights to the question, and can it be republished?
On what grounds could it have been removed?
- 137
12
votes
6
answers
8k
views
Is it legal to own a photo of someone and spread it around without their permission?
Backstory: My friends has a picture of me, which I asked him to delete and not show to people multiple times, but he keeps it and shows it to people no matter how many times I ask him not to. Is it ...
- 145
12
votes
4
answers
7k
views
Getting paid by mistake after leaving a company?
Pretend someone worked at a company and was paid monthly. A month after leaving they are paid their severance, and should not receive any payment in the future.
A month later, they are contacted by ...
- 628
12
votes
5
answers
5k
views
If I quit, can my employer claim back pay that was agreed to but not included in our written contract?
About a year ago I started a job, my contract for it says:
Pay and Expenses
The Employee will be paid £9/hr in arrears. Salary may be increased at the direction of The Employer subject to The ...
- 129
12
votes
3
answers
3k
views
Are there any legal provisions that concern males entering various types of business establishments without a shirt?
Bob entered a grocery store without a shirt. Charles entered a restaurant.
Are there any laws that make either of these either absolutely or conditionally a problem?
- 121
12
votes
1
answer
3k
views
Why was the house of lords seen to have such supreme legal wisdom as to be designated as the court of last resort in the UK?
Indeed their judgements seemed often to be quite sage, insightful, and eloquently given.
But why would that tend to be the case?
As I understand it, to become a lord, one must inherit a seat through ...
12
votes
2
answers
1k
views
Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?
I've been informed by a law firm that they are required by national regulations of the solicitors' authority to collect a landlord's name and address (not the address of the property in question, but ...
- 143
12
votes
3
answers
4k
views
Does indecent exposure require intentionality?
Meet Bob. Bob went out on the town wearing boxer shorts which in itself is entirely legal. A security guard pointed out to Bob that his shorts were unbuttoned so Bob buttoned them up. They later ...
11
votes
4
answers
4k
views
Coronavirus - Exercise in a UK National Park
During the current Coronavirus lockdown in the UK (England), is it legal for me to:
a) Drive for over one hour (alone) to reach the start of my walk.
b) Walk for 4-5 hours (alone) keeping at ...
- 254
11
votes
3
answers
4k
views
Recklessly endangering the English public by throwing objects
Is it a criminal offence to recklessly endanger the English public by throwing objects?
For example, throwing bottles or bricks over the wall of a multi-storey car park. This particularly applies if ...
- 111
11
votes
3
answers
3k
views
Statutory right to return shoes bought online that don't fit
Online shoe seller's policy is to allow returns within fourteen days of purchase at buyer's expense if the shoes have their tags on them and are not worn outdoors.
I received mine tried them on and a ...
11
votes
2
answers
3k
views
What is the nature and purpose of the UK highway code?
What type of instrument is a "code"? There seems to be an underlying statute, the Road Traffic Act, that it implements but what is the purpose of having a separate code?
11
votes
2
answers
2k
views
Land Registry Clause
I'm trying to understand a clause in a registry of land to determine the owner of an access way. The clause is for property 9.
"Except and reserving to the Transferor a right of way on foot only over ...
- 113
10
votes
5
answers
4k
views
In the UK, can a landlord/agent add new tenants to a joint tenancy agreement without the consent of the current tenants?
I am currently subject to a fixed-term joint tenancy (assured shorthold) agreement with two other tenants. One of the joint tenants wishes to exit the tenancy early. The tenancy agreement describes ...
- 209
10
votes
3
answers
4k
views
Is there any criminal implication of falsifying documents demanded by a private party?
I typically imagine fraud as largely a civil affair for which one defrauded party may sue and pursue civil remedies against the fraudulent one.
And obviously falsifying official documents typically ...
- 835
10
votes
5
answers
6k
views
False written accusations not made public - is there law to cover this?
If a person makes a false accusation against me in written, but not a published form, such as email, is there a legal process I can enact which would force the accusing party to either retract the ...
- 103
10
votes
3
answers
3k
views
Do data protection officers typically have any actual incentive to integrity in their performance of statutory duty?
Meet Bob. Bob was brutally assaulted by store security in a big corporate chain store.
Bob would like to obtain evidence of the same and thus submits a gdpr subject access request to the central head ...
10
votes
1
answer
4k
views
Why would a savvy, skillful lawyer refuse to apply to be a Queen’s Counsel in England and Wales?
Assume that a lawyer is shrewd and skilled enough, has even been regarded and touted to be a future QC, and can swimmingly afford the application fee. In England and Wales, solicitors have become, ...
user49089
10
votes
3
answers
2k
views
Date on Legal letter
Very often, the letters will state to respond within x days from the date of letter. Are there any regulations for law firms, banks or credit companies to provide a reasonable window of time for ...
- 101
10
votes
1
answer
2k
views
Bellowing helicopters in the sky: insight and recourse
Exceedingly loud helicopters seem to regularly fly in the sky where I live in the London Borough of Islington, both in the day and night, and often on Sundays, when noise is supposed to even be ...
- 7,157
10
votes
1
answer
3k
views
Does consuming a product in a shop count as theft, if the intent to pay for that product at checkout exists?
I sometimes see this happen in supermarkets; parents of bored children will give them some non-specific snack while shopping or while standing in line to pay, and will then scan the wrapper of the ...
- 497
10
votes
1
answer
408
views
What rights do travellers have against unreasonable customs officers?
I ask or worry not about the standard questions required during customs, such as a traveller's basic personal information, purposes of travel, etc... However, what if a traveller fears for his privacy,...
user89
9
votes
2
answers
3k
views
After flat owners buy a freehold, why must they grant themselves 999 year leases to set out residents' rights and responsibilities?
Please peruse ^^ the title of this question overhead ^^. I don't fathom the reason below for preferring a 999-year leasehold over a freehold, written by Nick Green on 20 June 2022.
There can also be ...
user42021
9
votes
3
answers
3k
views
In England & Wales, is self-harm a legal defence to possessing a bladed object?
Buried in this BBC article is the following paragraph about a girl caught in public possessing a blade which she used to self-harm:
[The girl] later appeared in court accused of possession of a ...
- 638
9
votes
2
answers
1k
views
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 ...
- 7,157
9
votes
1
answer
1k
views
Where is the £60 fine for school absence legislated?
In the UK there is apparently a £60 fine per child "per absence" (not sure if this is per day or per contiguous block of days) for taking them out of school.
Where is this fine legislated? The only ...
- 223
9
votes
1
answer
656
views
What is tort law and how does it differ from civil law?
Is there any difference or overlap between the two? Does one more broadly encompass the other?
Are torts defined in statute or do they exist alongside statute in some way more fundamentally and less ...
9
votes
2
answers
832
views
Is an English will valid if the testator dies while living in Scotland?
If a testator makes a will while living in England, to what extent will it be valid if the testator—
permanently moves to Scotland, and
subsequently dies there without making a further will?
- 3,044