Questions tagged [england-and-wales]

Questions specific to England and Wales

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25 votes
6 answers
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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 ...
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23 votes
1 answer
4k 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 ...
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21 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 ...
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  • 3,223
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 ...
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  • 835
19 votes
2 answers
6k 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 ...
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19 votes
1 answer
3k 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, ...
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14 votes
3 answers
5k 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 ...
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  • 251
14 votes
3 answers
4k 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 ...
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  • 339
14 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, ...
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  • 3,223
13 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 ...
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  • 143
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 ...
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  • 2,905
13 votes
2 answers
22k 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 ...
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  • 475
12 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 ...
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  • 229
12 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 ...
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  • 264
12 votes
3 answers
3k 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 ...
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  • 121
12 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?
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11 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?
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  • 127
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 ...
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  • 3,223
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 ...
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  • 113
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 ...
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  • 103
10 votes
1 answer
386 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,...
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9 votes
2 answers
3k views

What possible penalties can there be for failing to comply with rule 286 of the UK highway code?

Rule 286 requires one to give one's name and address to another party in the case of an accident, but what is the penalty range for non compliance?
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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 ...
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  • 576
9 votes
1 answer
2k views

How is an animal defined as in rule 286 of the UK highway code?

This came up in the comments thread of this question so it was suggested to ask it. Is a fly an animal? Perhaps it must be one that is kept and thus keepable as chattel?
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  • 3,223
9 votes
1 answer
886 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 ...
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  • 193
9 votes
1 answer
610 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 ...
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  • 3,223
9 votes
1 answer
2k views

What are the Legal obligations of a bicyclist who accidentally scratches one’s empty parked car?

What are an uninsured bicyclist’s legal liabilities and responsibilities in England who accidentally runs into thus leaving a minor scratch on an empty parked car? In case of a motorist who is ...
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  • 3,223
9 votes
2 answers
787 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?
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  • 2,944
8 votes
1 answer
4k views

Is it illegal to use a horn in circumstances other than which will prevent a collision

I heard from a cyclist that motorists are legally prohibited from using their horns on the street to get people's attention or indeed for any reason other than to directly avert a collision.
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  • 3,223
8 votes
1 answer
2k views

Clever Probate Fraud (UK) - How Did He Do It?

I’m hoping someone can help me understand this clever bit of probate fraud. In summary: Swindler made fake wills for sailors who had died intestate leaving high value estates. The wills looked real ...
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8 votes
1 answer
2k views

Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders?

Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order ...
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8 votes
1 answer
1k views

Are hot drinks legally classed as a picnic in the UK?

Recently, two women going for a walk in the UK were told by the police that the hot drinks they brought with them were classed as a picnic (note that going for a picnic is illegal in the current ...
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8 votes
3 answers
796 views

Are any British or English Acts of Parliament still in force in the United States?

In Australia, which has a very close legal history with the United Kingdom (diverging completely only as late as 1986), some Acts (or part thereof) of the UK Parliament (and its antecedents, the ...
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7 votes
6 answers
5k views

Could a contract with ludicrous terms be enforced?

Say, for example, that A makes a contract with B. A agrees to sell his very rare car, of which no more are up for sale, to B for £1. Later, when B comes to collect A's car in exchange for a quid, A ...
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  • 835
7 votes
3 answers
4k views

Potentially accidental refund - can one keep it?

If a person pays a debt due to a company, and gets a receipt showing the debt has been fully satisfied, but then that company (potentially in error) refunds the full amount without any communication ...
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7 votes
1 answer
4k views

Carrying a knife in public in the UK

Is carrying a certain knife in the UK, more specifically England, allowed? And what type of knives do these have to be? e.g. blade length. Would carrying such knife be allowed if you do not have a ...
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  • 339
7 votes
1 answer
2k views

How many British statutes are in effect?

How can one find the full enumeration of presently effectual/binding laws making up the statute book at any given time? If they can endlessly be amended by each other then surely they must all be ...
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  • 3,223
7 votes
5 answers
3k views

Are Landlord's exclusion clauses of "any loss of life or loss, injury or damage to person or property" too onerous on Tenant?

I want to lease office space in England. I'm scared that Tenancy Agreement's Exclusion Clauses exclude too much! Aren't they too harsh on me? How's it fair for Landlord to exclude so much, and make me ...
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7 votes
1 answer
2k views

In "he said"/ "she said" discrepancies, how must a landlord prove timely valid service of eviction notices?

Suppose Larry the landlord applied to court for possession order and presents a back dated copy of section 21 notice from 65 days ago. The court serves notice of hearing to the property and tenant ...
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  • 3,223
7 votes
1 answer
271 views

Dispute unpaid debt of a deceased family member

My elderly relative died in December 2018. Her gardener has now (January 2019) sent us an itemised invoice. The items begin in March 2018 and end in November (my relative last left the house in ...
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7 votes
1 answer
722 views

Can someone be arrested in the UK solely on the basis of the Interpol Red Notice against him/her?

An individual has an Interpol Red Notice issued against him, requesting his detention and extradition. The Notice comes to the attention of the London Metropolitan Police, who discover this individual ...
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  • 173
7 votes
1 answer
162 views

When was judicial attire first specified in England (or the United Kingdom)?

To many (if not most) of those not involved in legal matters, court dress may seem a bit absurd. Wigs, especially seem out of place in modern society. It is obvious that the judicial costume must date ...
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  • 2,861
7 votes
2 answers
11k views

Status of Police "Do not cross" tape in England

Police use plastic tape marked "Do Not Cross" to cordon off an area temporarily. It's clear that this could be useful and convenient while the police are actively dealing with an incident. However, ...
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  • 195
6 votes
2 answers
1k views

When can an employer dock one's pay in the UK?

I'm not sure if it matters whether the employer is a private individual or a company and whether the parameters are then different, but assume that the employee is not doing a very good job, snoozing ...
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  • 293
6 votes
2 answers
2k views

Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair

Received this from a friend, and I gave my own answer though not yet fully awake nor completely confident in my answer, but I will share mine below on which I welcome all feedback/critiques as well as ...
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  • 3,223
6 votes
6 answers
2k views

Can the "de minimis non curat lex" rule render actions that are otherwise illegal, legal?

My understanding is that the rule can be used in court to strike down actions in court. I was wondering whether it might also perhaps be used legitimately by someone, outside of a court case, and ...
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6 votes
3 answers
885 views

Is the German embassy in London bound by British accessibility law like the Equality Act 2010?

Is the German embassy in London bound by the Equality Act 2010 and cabinet office guidance on medical mask wearing exemptions? The website explicitly state that in order to enter the Passport section ...
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  • 121
6 votes
1 answer
3k views

Is it illegal for a police officer to buy lottery tickets?

I work retail and one of my jobs includes upselling lottery tickets. I was told by a police officer (clearly on duty & uniformed) that it was illegal for them to buy one while on duty as it is ...
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6 votes
2 answers
356 views

Does "duty to rescue" apply to a child that one has no direct responsibility for?

This appeared in a comment on another SE site: If I am sitting by a deep swimming pool and see an unsupervised toddler child playing close to the edge - and then watch the child fall in and drown, ...
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6 votes
1 answer
599 views

Public liability in the UK during building works on house

When building works are done on a house in the UK (specifically England, if it makes a difference), is the contractor who erects scaffolding required to have public liability insurance? If the ...
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