Questions tagged [england-and-wales]

Questions specific to England and Wales

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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 ...
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2 votes
0 answers
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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1 vote
1 answer
88 views

What happens with the decedents' estate when a person dies whilst in a rolling contract?

If a person dies whilst in a rolling contract, and payments are still taken from the account for a few months,would the company be legally forced to return the money to the account?
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1 answer
80 views

Can copyright "exploitation rights" be sold?

Someone recently explained to be that copyright cannot be sold, only the exploitation rights can. Even if they are exclusive and indefinite. Is this the case, or can you still copyright?
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1 answer
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In English Construction Law, does a domestic client have a right to adjudication if the agreed form of contract provides for it

This is a specific question about English Construction Law. Domestic client JCT ICD Contract (with provisions for adjudication) Although I may have misconstrued the point, I've read somewhere that ...
2 votes
0 answers
34 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-...
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5 votes
2 answers
192 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....
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1 vote
1 answer
50 views

Can the developer place a cellular antenna after purchase

My friend bought a flat (leasehold) directly from the developer in a London estate. There are a few courts in the estate but it is all managed by the same management company which is associated with ...
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3 votes
3 answers
688 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 ...
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0 votes
2 answers
166 views

Is there any law (US, UK, or Canadian) that limits the scope of a search, so that unrelated crimes can't be prosecuted?

Are search warrants limited to evidence for a specific crime? For example, assume a search warrant is issued based on probable cause of property theft. While executing this search warrant, the police ...
1 vote
2 answers
335 views

What benefits to the freeholder and what disadvantages to the leaseholder does a long (1000 year) lease have over the freehold?

I am interested in a property and approximately 300 acres of associated land in the UK. The has a 1000 year long lease with a peppercorn ground rent and no service charge. I understand that every ...
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2 votes
2 answers
106 views

Who (according to the law) is allowed to access confidential information?

Take the following scenario, I own an institution and have recently employed a system which involves a questionnaire/feedback form which gives the new starters the ability to give feedback on their ...
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2 answers
230 views

Why can't the UKSC decide that the EWCA should've considered EWCA bound by earlier authority?

Source: p 84 Bottom. Introduction to The Study of Law (2010, 7 ed) by Stephen M Waddams. Miliangos v. George Frank (Textiles) Ltd., [19761 A.C. 433 (H.L.). It can never be part of the ratio ...
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1 vote
1 answer
101 views

Is there an absence limit to withdraw the British citizenship from a person born there?

There is a case where a person born in england and held the UK citizenship but at the age of 7 he/she left the UK along with her family into another country and never entered the UK for almost 12 ...
5 votes
1 answer
444 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 ...
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-1 votes
2 answers
76 views

How can a barrister succeed, if a barrister lacked 'the depth into law'?

From the 3 m 51 s juncture of Lord Neuberger's interview at the Cambridge Union of 2015/12/12: On the other hand, I do honestly feel, and I am sure some people who read my judgements would agree, ...
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1 vote
1 answer
8k views

Terms of Self Defence in public place in UK (England)?

I have question about when self-defence applies and charges are not put on a person who was hit, in English Law, in two scenarios: Let's say John and Jane have a discussion which gets heated but no ...
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1 vote
1 answer
45 views

Giving my address to friend to collect his posts

My friend's renting ran out before he can find another one, so he's sharing at some other's home (not mine). He asked if he can use my address for his posts so I agreed. Today I received a letter from ...
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0 votes
2 answers
278 views

UK: How did this squatter win rights to the house? How to prevent?

This article recounts the following facts: The past owner occupied the property from the late 1980s The past owner moved out in or about 1996 The new owner moved in in 1997 The new owner made ...
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-2 votes
1 answer
544 views

If a witness refuses to answer 'Has the defendant done this before?', then why can the jury appeal to ignorance?

Source: p 186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).   Until then great attention will be paid to any question asked by the jury on the ...
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4 votes
2 answers
495 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 ...
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1 vote
1 answer
128 views

If the defendant declines the plaintiff's counsel's request to give evidence, then how did the latter err?

Source: pp 182-183, The Art of the Advocate (1993) by Richard Du Cann QC.  Less fortunate was a Mr Barker in 1896, who suddenly found that all his furniture had been sold by a man named Shalless ...
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0 votes
1 answer
75 views

How was Hume Williams 'impotent' and 'personally involved' in his altercation with a witness?

Source: pp 65-66, The Art of the Advocate (1993) by Richard Du Cann QC. Sorry for the long quote; please advise me if and how I can abridge it. Tenacity is more than an aspect of courage. Counsel ...
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3 votes
1 answer
900 views

What is the statute of limitations for a violation of the Computer Misuse Act of 1990's provision(s) on phishing?

I came across a story about a twenty-something year old male who setup a fake website in order to 'phish' for usernames and passwords for a popular game. After acquiring the credentials he would then ...
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3 votes
2 answers
906 views

If a barrister cannot convince his client to act on his advice, should not the lawyer still effect and respect the client's instructions?

Source: p 33-34, The Art of the Advocate (1993) by Richard Du Cann QC. Please advise me how I can abridge the quote below to reduce this post's length. The Legal Aid and Advice Act has made ...
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0 votes
1 answer
71 views

Is a letting agency liable for mispresentation if they change their rental price?

If a letting agency (on the behalf of the landlord) states on two separate occasions that two months are to be at half rent, are they liable for misrepresentation when they argue full rent is to be ...
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1 vote
1 answer
6k views

What compensation could a UK property buyer get if the seller pulls out after exchange of contracts?

Imagine a chain free buyer has transferred a 10% deposit and contracts have been exchanged on a property he/she would like to buy. If he/she pulls out, this deposit would be forfeited. In the ...
3 votes
1 answer
533 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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1 vote
1 answer
242 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
4 votes
1 answer
618 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 ...
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2 votes
1 answer
265 views

Can I claim for time spent preparing for a court case?

I was involved in a car crash almost 2 years ago. I had to go to court and give evidence as to what happened and the other driver was found guilty. My insurance company is now having to start legal ...
0 votes
1 answer
118 views

Has risk been transferred to the consumer?

I have a question about the passing of risk in the Consumer Rights Act 2015, in the context of the Consumer Contracts Regulations. If I order something addressed to myself, but at the address of my ...
2 votes
0 answers
250 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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1 vote
1 answer
364 views

Is a new EPC required for a residential property sale or can one from the EPC Registry be used?

In the UK an Energy Performance Certificate (EPC) is required for the sale of a residential property. I have 3 questions about these: 1) Is it correct that these have a 10 year validity? 2) Would a ...
1 vote
1 answer
100 views

If one gives a witness statement and incriminates oneself in the process, will that incrimination be used against you?

When giving a witness statement, if you incriminate yourself in the process will that be used against you? For example an article I read recently reported a burglar who discovered a stash of illegal ...
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1 vote
1 answer
134 views

On the intellectual property of animals, a story of monkeys and cats!

The story of the monkey who took a selfie is, by now, probably widely known. Summary: a court said that the owner of the camera is not entitled to rights because the picture was taken by the monkey, ...
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2 votes
2 answers
343 views

In what circumstances are police able to stop the traffic for a convoy?

A bit of context: Yesterday I was near Oxford Street, London, near to a T junction that has traffic lights. A few police officers on motorbikes, using whistles (not sirens), stopped oncoming traffic ...
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3 votes
1 answer
230 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 ...
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1 vote
1 answer
85 views

What guarantees that my conveyancing solicitors are doing their job properly?

I am in the process of buying a property in the UK, and using a solicitor for the conveyancing. So I am placing a great amount of trust in the solicitors and effectively assuming that they have ...
3 votes
1 answer
306 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 ...
1 vote
2 answers
208 views

Were the barristers for May Donoghue (before the Judicial Commitee of the House of Lords) pro bono or paid?

Source: p 127, Is Eating People Wrong? Great Legal Cases and How They Shaped the World (2011) by Allan C. Hutchinson   Undaunted, Leechman made the final maneuver available to May – he applied ...
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1 vote
1 answer
75 views

Liability for damage in rendering aid in case of mistaken danger?

This example is entirely fictional. One morning whilst walking to my car, I notice that my elderly neighbour who lives alone is laid out on the floor of her living room. I knock on the window, but ...
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1 vote
1 answer
100 views

A friend asked me to store his possessions for a week, but he hasn't collected it in 3 months. Can I get rid of it?

I'm in England. A so-called friend of mine left a lot of his possessions (clothes, books, homeware, keyboards, printers) at my place, saying he'd collect it with a week. It's now been three months, ...
0 votes
1 answer
323 views

Is it an offence to ignore a portable traffic light

This is a question about laws regarding traffic lights in the UK. When companies are carrying out works on or near roads they sometimes put up their own lights to control traffic and keep it flowing....
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0 votes
1 answer
113 views

UK-centric: how to stop a former colleague spreading informally unwelcome references?

I have a friend who took a former employer to tribunal, employer preferred to pay him early settlement compensation, signed mutual NDA not allowing any party (including employees) to disclose the ...
2 votes
2 answers
45 views

tort law - loss of employment after psychiatric injury

X suffered psychiatric injury by the negligence of Y. X remains sick a year after wards and jobless as well. Is Y liable for psychiatric injury only (assuming he is negligent) or is he liable for X'...
7 votes
1 answer
724 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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4 votes
2 answers
217 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 ...
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2 votes
2 answers
93 views

Would using a wired BYOD device to connect to a corporate network be considered a breach of the BYOD policy? - United Kingdom

I connected my laptop to one of the ethernet ports at work, having signed a BYOD policy allowing me to bring my own devices to work. The document never explicitly said that I couldn't connect my ...
2 votes
1 answer
149 views

What powers has a police to question or search males of age 18-21 who are smoking tobacco in a high crime area?

The event in this scenario takes place in England and is based on an experience from a number of years ago. The time is 2300. 4 Males (ages between 18 and 21) in two cars decide to drive out to a ...
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