Questions tagged [england-and-wales]
Questions specific to England and Wales
932
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"if the defendant had acted as he ought, the victim would not have suffered" vs. "there's evidence that the victim might not have suffered the harm"
I don't understand the distinctions between the two clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2?
Isn't "the defendant had acted as he ought" "...
user89
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Is it mandatory for Evidential Test results to be published in the Prosecution Case File?
In harassment cases in England a prescribed Evidential Test must be performed on the prosecution case before deciding to prosecute , as part of the Prosecutor's Code . Logically , the Test results ...
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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 ...
user27025
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What does "possible" mean in this compensation context?
This article is titled "Paddington station: Commuter gets £27k for 'possible pigeon poo slip'". Later in the article is say the compensation was payed out after "possibly slipping". Finally, it ...
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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 ...
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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?...
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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 ...
- 151
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Can the deliberate withholding of sex constitute coercive and controlling behaviour under English & Welsh law?
First I should clarify that this question is (fortunately) entirely hypothetical and academic, so please don't worry about me (I'm fine).
I am trying to figure out a seeming conflict in the broad ...
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168
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Correct way to ask written questions of an expert witness
I am the defendant in a case and the claimant has submitted evidence from an expert witness. I have been told I have the ability to question the expert witness in writing. What is the appropriate way ...
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Do local authorities require planning permission?
Are local authorities required to make planning applications in similar ways to private individuals/companies when making changes to city infrastructure?
Recently my local council have removed a lay-...
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Legal options for someone going through my bank statements
So I live at home with my mother and brother. I pay rent, comparatively not much but the amount was agreed upon. The other day I got home from work to find out she had not only gone through my bedroom ...
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Is there a limit to how much a landlord can charge for cleaning fees? (England)
My friend lives in atrocious conditions in social housing. The conditions are tenant inflicted and cover pet faeces on the floor, fly infestations, blocked up plumbing etc.
My friend is moving house ...
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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 ...
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659
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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 ...
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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 of) ...
user89
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How's a "mere failure to perform future obligations" equivocal and equally consistent with not exercising the right to repudiate the contract?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 376.
15.54 Acceptance of a repudiatory breach must be clear and unequivocal, but need not be by
express words. As the court said in ...
user89
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How does the first limb of the McRae test make the second limb unnecessary?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 312.
The green (party's believing a mistaken unreasonable belief) obviously can be distinguished from the red (about causation). ...
user89
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What "former requirement" certainly has no place in estoppel?
Screenshot on the left: O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 328.
Right: Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 466.
To what does the red underline ...
user89
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Why's it "strange" for a judge to impose voidness on a guarantee?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 200.
I don't understand the red sentence underlined in red. Isn't it gainsaid by the orange underlines beneath? I understand the ...
user89
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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 ...
user89
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"It makes sense for the promisor to request, as the price of his promise, that the other party should benefit some third party"?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 93.
Can 'the other party' (underlined in red) be interchanged with 'promisee' here?
user89
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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 ...
user89
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What's the antecedent of "it"? "A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value"
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 90.
5.5 Better still, keep in mind some common examples of consideration in practice:
• Simultaneous contract and performance, ...
user89
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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, ...
user89
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Neighbour has extended over the boundary of a potential house I was looking to buy [closed]
So having initially looked at a house I found that everything was in good order and the seller seem genuine in respect everything being able to answer my question and to provide the relevant documents ...
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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.
user89
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How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?
I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
user89
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Why 'representation or warranty', not 'representation or condition'?
Why's "warranty" coupled with "representation", not 'condition'?
Context
In Canadian and English law, representations differ from warranties1. Thus they aren't doublets, as
Ashurst'...
user89
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"so long as you remain unmarried": Why a gratuitous promise in one fact pattern, but a contractual offer in another?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 75-76.
Can the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to ...
user89
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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 ...
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How will changes to section 21 affect me?
The following question relates to English housing law.
Following on from the news today that the government plans to abolish section 21 evictions I was wondering how this affects my current ...
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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 ...
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204
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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 ...
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252
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Do I need to give a months notice to LL at the end of a six months contract?
Do I need to give a months notice to LL at the end of six months contract ?
The landlord has not fulfilling some of the responsibilities they have, so is it necessary for me to give them notice of ...
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Retaliation to being spat in the face
I understand the spitting at someone intentionally in the UK is an act of assault; my question is more in the relation to the acceptable forms of retaliation, whether throwing a punch for example ...
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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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Case law regarding the theft of lost property
Does anyone know of any case law about someone being found guilty of theft after finding lost property and demanding money to return it?
I've heard about it before but can't find it anywhere.
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Extra tenant outside of contract [closed]
I own a 3-bedroom, ex-council flat in London (UK) which I'm renting out via an agency as I currently reside outside the country.
During all my communications with the agency, they always mention ...
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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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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 ...
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can exceptional circumstances invalidate one article?
I am in the UK - England. I am complaining against my University for having been misadvised in a moment of strong distress and psychological fragility - which is caused by the misbehavior of my ...
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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 ...
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At what point is a marriage lawful?
When my sister got married, at the rehearsal the celebrant said he had to be careful what he said and when because if he said 'too much' they would end up married sooner than they planned. Although ...
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Spent convictions
How long does it take for a conviction which will result in a fine and community order to become spent in England for someone over 18 years of age ?
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Correct places of service for companies in England and Wales
Civil Procedure Rule 6.9(2) states:
Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.
(For service out of the jurisdiction ...
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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 registering ...
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Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK
A district Judge made an unfair and biased possession order to make me homeless despite I provided large volume of evidence such as digitally dated photos, Facebook photos, over than 8 neighbours ...
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How do I calculate damages for educational misconduct?
I have an issue with my university.
After 3 years of PhD research, I have presented to my examiners a out-of-format interdisciplinary research, as agreed with my supervisor. Unfortunately, my ...
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London: actions to take against a landlord who breached the law on many occasions
I have been living in London for several years now and experienced issues with one of my last landlords (professional one). I'm looking for your legal advice on what actions to take.
To give you a ...
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London: how to deal with a landlord not protecting a deposit and not rembursing it?
I have been living in London for several years now and experienced issues with one of my last letting agencies. I'm looking for your legal advice on what actions to take.
It was an Assured Shorthold ...
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