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Questions tagged [england-and-wales]

Questions specific to England and Wales

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26
votes
6answers
15k 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 ...
12
votes
2answers
15k 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 ...
11
votes
2answers
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 ...
10
votes
5answers
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 ...
10
votes
1answer
343 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,...
8
votes
3answers
347 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 ...
8
votes
1answer
609 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 ...
8
votes
2answers
662 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?
7
votes
1answer
376 views

Does an absolute discharge result in a criminal record?

In England and Wales, a court can impose an absolute discharge if it concludes that 'it is inexpedient to inflict punishment'. The power to do this is granted by s12(1) Powers of Criminal Courts (...
7
votes
1answer
136 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 ...
7
votes
2answers
5k 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, ...
6
votes
1answer
169 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 ...
6
votes
2answers
269 views

Clause in contract - is there a law protecting me from a landlord abusing it?

Context So, I'm going through the process of creating a shorthold tenancy with a private landlord in the UK. We've done our references and now are down to signing the contract. Everything in the ...
6
votes
1answer
119 views

Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?

Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment. Is the law still confined to an 'unjust factors' approach as ...
5
votes
2answers
156 views

Is an 'MP3/MP4 Player' that cannot play .mp4 files, “misdescribed” under the Sales of Goods Act 1979?

We recently purchased an mp3 player from argos (908/2218), which is labelled as "Philips SA4VBE08KN/12 GoGear VIBE 8GB MP3/MP4 Player". This item is excluded from their 30-day return policy. We'd ...
5
votes
1answer
126 views

Is there a time limit on manslaughter charges?

Summary: Is there any automatic liability for death by health complications caused by someone already charged for causing the complication? I'm aware charges can be revisited but does it have to be ...
5
votes
1answer
217 views

Is it illegal to spray weeds on another person's land without permission, and thus to harm animals?

I am in England. I rent a field off an elderly friend who can no longer tend it. I use it as grazing for 2 horses. A local farmer who is clearly obsessed by weeds is regularly going round the local ...
5
votes
2answers
152 views

Can a tourist who incidentally photographs children, be forced to delete the image?

Here's a hypothetical: A tourist is visiting a popular attraction and decides to take photographs as a memento. Some of the photographs incidentally have other people in them including children. A ...
5
votes
2answers
161 views

How can I tell what is meant by “assault”, as opposed to “battery”?

In English law, I'm struggling to find a consistent definition of "assault", or at least, a way to decide what definition to apply: Sometimes it appears to mean "to intentionally or recklessly cause ...
5
votes
1answer
263 views

How to mention a possibility of litigation/prosecution without accidentally making a “demand with menaces”, in English criminal law?

In English Law, extortion and blackmail are described under section 21 Theft Act 1968, as an "unwarranted demand with menaces", There's criteria and definitions, but they don't seem to matter much ...
5
votes
2answers
689 views

Can a person be prosecuted for their thoughts?

Let's assume I'm thinking about ___ [1] - am I liable to prosecution? I assume that having thoughts of any kind is not illegal and therefore cannot be prosecuted. We are not in "Minority Report" - ...
5
votes
3answers
1k views

Is it legal to film in a venue (e.g. bar or nightclub)?

Is it legal to film inside of a venue such as a bar or nightclub? The film would be used for marketing material for a business.
5
votes
2answers
132 views

Can a 15 year old transfer copyright?

I have an artist working on some things for me and I've just found out that they are 15. In the UK, can a 15 year old legally sign over copyright to another person? The assumptions made by me are 1....
5
votes
1answer
990 views

UK Housing Law - Section 21 Housing Act 1988 - The Tenants Rights

As we know, section 21 of the Housing Act 1988 outlines what steps a Landlord can take in order to regain possession of his property. My question is in relation of the rights of the tenant being asked ...
5
votes
2answers
51 views

IP Rights in Recordings

Suppose a private party were to pay for the production of a theatrical play in England, and one of these performances was filmed, with the intention that the filming would be later edited into a DVD. ...
4
votes
1answer
838 views

Switching sides

I'm writing a drama and need some help. Can a criminal lawyer in a rape case switch sides from the person they are representing to the victim if they have been fired by their client?
4
votes
1answer
164 views

Is it legal to force a atheist student to read a prayer in a Church of England UK academy?

At my school, which is a Church of England academy, instead of assemblies, we do "Collective Worship" (although everyone still calls them assemblies). With whole-school assemblies, each class takes ...
4
votes
1answer
456 views

Can I be compelled by law to decrypt information in UK?

Is there any law currently in place within the UK that can force someone to decrypt information? Either by forcing them to supply the password/key or forcing them to provide the information in an ...
4
votes
1answer
280 views

Claiming statutory warranty for a fault that resulted in the loss of the product

I recently experienced a failure on a rather expensive piece of sport equipment upon its first use. I purchased the product in the UK and experienced the failure in the UK, 2 weeks after purchase. I ...
4
votes
2answers
210 views

Plumbing repairs delayed, done, then undone in UK rental flat

Short version We wasted two days waiting for plumber who didn't come until the third day. When he came, he did the job, but then came back and un-did it the day after (claiming the landlord hadn't ...
4
votes
3answers
169 views

Can a company insist that contract terminations be done over the phone?

This article in The Guardian says: Virgin Media is one of those companies – Sky is another – that insist customers terminate their contracts verbally, rather than by email or letter. It is very ...
4
votes
1answer
149 views

In England and Wales, how can a plaintiff remain private and confidential?

Suppose that a plaintiff wants to bring a lawsuit but keep his/her identity confidential, in either a criminal or a civil case. The plaintiff refuses to tell either the general public or the media ...
4
votes
1answer
90 views

Use of trademark in personal email alias

I've just signed up to a new service (company) using my usual practice of giving them a unique email address companyname@mydomain.com. I've just received an email stating: Thank you for ...
4
votes
1answer
198 views

Landlords liability for white goods

I have just rented a property in England. The house has a built-in cooker, but the markings on the oven panel for temperature and the different modes (grill/defrost/fan settings etc.) are completely ...
4
votes
1answer
56 views

At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
4
votes
2answers
120 views

Limits on contract work without pre-agreed price/contract (UK)

Say you hire someone, such as an electrician or plumber, without price even being mentioned by either party. The contractor later bills you: you're taken aback by the price. Maybe the expected rate is ...
4
votes
2answers
290 views

Do 'questions come from the jury after they have retired to consider their verdict, when they can't be answered'?

Source: pp 185-186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).   Juries have no rights on questions of evidence at all, except as the final ...
4
votes
1answer
128 views

Changing a tenancy agreement for a new tenant taking over from an old one

I currently live in a house of 4 tenants. We have each signed a joint tenancy agreement that specifies our monthly rent payable. This tenancy agreement is due for renewal in 4 months from now. One of ...
4
votes
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
votes
3answers
412 views

UK tenant no contract wants to leave early

A family member and her husband are renting a house from a friend, the landlord, and have only been living there about a month. There was no contract written up at all. They've become unhappy with the ...
3
votes
2answers
227 views

How does a layperson know whether to hire a Queen's Counsel?

1. A layperson may not know whether his/her case is complex enough to hire a Queen's Counsel. So how does a layperson decide, when deciding hiring a public access barrister? 2. Are barristers ...
3
votes
2answers
58 views

How can laypeople investigate an airline's allegation of 'extraordinary circumstances'?

Some airlines allege 'extraordinary circumstances', e.g. to deny liability and shirk compensating under Recital (14) of Regulation (EC) No 261/2004: (14) As under the Montreal Convention, ...
3
votes
1answer
367 views

In English law, who or what body starts the process of creating a new statute?

Statutes are legislation from the UK Parliament and devolved parliaments. I believe they all start in the form of "bills" which are proposed statutes. But who or what body is permitted to start the ...
3
votes
2answers
194 views

Is it a crime to give away property without consent?

At work, if I deliberately place a sticker on a jar of nice coffee which says "help yourself", without the knowledge or consent of the owner of that coffee, and knowing the coffee isn't mine and and ...
3
votes
1answer
1k views

If “peppercorn” rent is not collected, can a tenant claim legal ownership of property? (UK)

I live in a property which has a garage attached which is rented to a neighbour, these are on a peppercorn rent of £1 per year. Now with a peppercorn rent I've read various descriptions which some ...
3
votes
1answer
179 views

Is O'Reilly Media engaging in false advertising?

Background: I own copies of several fairly expensive paper books published by O'Reilly Media. One of my primary reasons for buying these books instead of alternatives from competing publishers, was ...
3
votes
1answer
148 views

Conflict of interest when removing a director

I work for a UK limited company with two shareholders, and two directors. I am one of the directors and the majority shareholder (over %50 of total shares). The company's articles of association are ...
3
votes
1answer
48 views

Is there a difference between “say” and “submit” in court parlance?

In the (senior) courts of England & Wales, a submission given verbally might perhaps be introduced with: We say… or We submit… Strictly speaking, is there some distinction ...
3
votes
2answers
147 views

GDPR liability for Web Designer

I am a web designer that works with a range of clients on a project basis. I complete a project and then offer my services at any hourly rate for any other work required in the future. Do I have a ...
3
votes
1answer
124 views

Heraldic Law and Jurisdiction of armorial assumption

In countries where armigers (persons or corporations bearing a coat of arms) must prove their entitlement to such (eg. most legal traditions within the UK, Canada, and other Commonwealth realms) what ...