Questions tagged [england-and-wales]
Questions specific to England and Wales
1,141
questions
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What happens to large hauls of seized illicit substances, how are they disposed of, and how do we know about adherence? [closed]
Millions of pounds worth of cocaine bricks have recently washed up on the shores of Sussex and were seized by police. What will ultimately happen to these? Will they be destroyed? If so; then how: ...
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2
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114
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What is an example of “shifting the burden of proof”?
S136, Equality Act 2010 provides for “shifting the burden of proof”. Under relevant case law it is completely clear that the burden of proof has always remained on the claimant to make out a claim. So ...
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2
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0
answers
54
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What precedents specify the scales of compensation for false arrest, and how would one set about finding them?
According to an unreferenced law firm’s website,
As a general guideline, you may be able to claim around £870 for the first hour of false imprisonment, which increases to around £5,210 for 24 hours.
...
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votes
1
answer
116
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Are deleted comments left by U.K. based users retained and subject to subject access under U.K. GDPR?
Meet Bob; Bob left some comments on a post on stack exchange and some over zealous moderators decided that they were not needed and so to delete them. Bob wishes to access these comments for the ...
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1
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71
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What burden of proof is needed on factual aspects of discrimination claims to invoke the statutory provision for shifting the overall burden of proof?
S136 Equality Act 2010 provides for shifting the burden of proof. But what standard does the claimant have to make out the preliminary facts to in order to engage this section?
And is testimonial ...
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1
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112
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Is it making off without paying to dispute the charged amount based on a misunderstanding, even if this is the customer’s own fault?
Bob goes to a burger joint every week for several months and orders an individual beef patty for £4 which they are able to put through on the till as an “extra.”
One time Bob arrives at the place and ...
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0
votes
1
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39
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Are statutory notices seeking possession required to enforce intra-term “break clauses”?
Some assured shorthold tenancies commonly feature “break clauses” that are sometimes asymmetrically available only to the tenant to provide extra flexibility to them, while others are made ...
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0
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1
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53
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How is consent to be determined?
Is the complainant’s retrospective declaration as to their present state of mind to be absolutely taken at face value? If not then what is considered in making such a determination?
Can possible ...
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votes
2
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164
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Can Bob be convicted of raping his wife Alice?
Bob and Alice are apparently happily married for 5 years and have sex nearly every night. Sometimes they are very lucid, others barely awake. Occasionally (perhaps 1 in 10 times) they have some ...
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2
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72
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What is consent?
Interested in any jurisdiction, and in fact especially interested in seeing comparative perspectives between different jurisdictions.
Is it:
a mental state of not objecting or even enthusiastically ...
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2
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141
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Can sexual consent be passively implied in light of the pre-existing rapport or character of the relationship between the parties?
It seems that in Canada, there must be an active effort to ascertain the complainant’s consent for each and every sexual act or episode of sexual acts and that prior rapport with the complainant (even ...
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0
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72
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What data protection law was broken by Alison Rose lying about the reason for closing Nigel Farage’s bank accounts?
The former NatWest chief executive Alison Rose spoke to a BBC journalist about the planned closure of Nigel Farage’s bank accounts. It is in the news today that the ICO has said in a report said that ...
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2
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Would Mr. E still have been guilty of rape if he’d mistakenly penetrated his stepdaughter while instead intending to penetrate his partner?
A recent case resulted in a rape conviction of a man who apparently made an error in judgment in deciding to have intercourse with his stepdaughter who had been sleeping with him in his bed, along ...
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What is the likely penalty for an organisation failing to comply with a subject access request by many months, on the 1st, 2nd, and 3rd occasions?
ACME Inc. Receives a subject access request from Bob, and fails to respond to it for 5 months. What are the likely sanctions faced by ACME, in case this was the:
1st,
2nd,
or 3rd
Such incident of ...
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0
votes
2
answers
146
views
Can ambiguous or passive conduct imply consent?
In Canada,
an accused cannot point to his reliance on the complainant’s silence, passivity, or ambiguous conduct as a reasonable step to ascertain consent, as a belief that any of these factors ...
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1
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87
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Does an assault given rise to by a criminal provocation of violence still constitute an offence? [duplicate]
A person A commits a s4 public order act 1986 offences against another B, for example by getting right up into his face and then saying to him “go ahead, why don’t you try and hit me, I dare you.” ...
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0
votes
2
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132
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Can the evident motivation of a prosecuting body in bringing charges matter to its outcome? (Is that a malicious prosecution?)
Bob runs a shop, and every week or so he catches a shoplifter and dutifully lays the information before his local magistrate court to prosecute them each time of thousands within the week.
One time a ...
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2
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73
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How do equitable remedies not violate the precept of stare decisis? [closed]
I understand equity to be a sort of royal veto or override of the natural results of the legal courts on the basis that to allow a certain candid result to prevail -not that it was reached by a ...
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2
votes
1
answer
43
views
What is the difference between “by” and “under” an act?
E.g. s149(1)(a), Equality Act 2010 says:
A public authority must, in the exercise of its functions, have due regard to the need to—
(a)eliminate discrimination, harassment, victimisation and any ...
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0
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1
answer
39
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What is the meaning of “on the railway”?
Rule 6 of the TfL Railway Byelaws provide in several contexts for behaviour that shall not be committed “on the railway.”
What here is the scope of “the railway”? Does it include station platforms? ...
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2
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44
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Is there any further aggravated designation for assault that is not based on the harm caused to the victim’s body?
Common assault can be elevated from summary only to an either way offence like actual or grievous bodily harm if the assault actually occasions actually some definite bodily harm.
But are there any ...
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2
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1
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136
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Do you have to show your ticket to a TfL ticket inspector after you have alighted from the bus?
It is in the news that a Metropolitan Police officer is being investigated after a mother was wrongfully arrested for bus fare evasion. However it is not clear, to me at least, exactly what the legal ...
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2
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1
answer
103
views
What if any is the difference between advertising a product and advertising a business?
In the The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 the requirements for dog breeding to be licensable are:
PART 5
Breeding dogs
Either or both of the ...
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2
votes
1
answer
77
views
What features of speech make it incitement?
It is in the news that the UK home secretary Suella Braverman and the Home Office Minister Robert Jenrick consider chanting "Jihad" to be inciting terrorist violence.
Assuming this came to ...
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2
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204
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Is demanding backpayments of “arrears” after suspending access to subscription service an unfair contractual practice?
A periodic (eg monthly) membership contract can have two ways of dealing with temporary nonpayment of fees.
Suppose Alice joins a members club for a 6 month contract and after the third month she has ...
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1
answer
38
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Was Ashford v Thornton heard at the Royal courts of Justice in Chancery Lane, London or elsewhere?
What physical venue was this 19th century Murder appeal heard in?
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1
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35
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What is the difference between a 21(1) and a 21(4) notice?
Why are these two distinct subsections and often distinguished in terms of references to the notices themselves? Is each subsection required to be used in different respective contexts?
(References ...
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1
answer
214
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Did regional county courts used to be separate courts?
The county court of England and Wales is now one big single court that sits in many locations but these are colloquially referred to as though separate courts (Bristol county court, Bath county court, ...
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1
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47
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What’s the difference between a statutory NSP and a notice to quit (NTQ) a periodic AST?
HA1988 defines assured shorthold tenancies (ASTs) based on there being certain factual conditions met. ASTs require notices seeking possession (NSPs) for landlords to end, namely either under s8 or ...
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0
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0
answers
15
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Have the notices to quit etc prescribed information regulations 1988 ever been subsequently altered or overridden?
Has UKSI 1988/2201 ever been amended, altered or otherwise affected by anything else given since it was made?
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27
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Does the housing act 1988 have any associated explanatory notes?
I can’t find them where they would seemingly normally be at https://www.legislation.gov.uk/ukpga/1988/50/notes. Does this mean that they don’t exist?
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What content information has been prescribed under s5(1)(a) PEA1977?
Subsection 5(1)(a) Protection from Eviction Act 1977 requires notices to quit to contain such information as may be prescribed. What prescriptions have been made under this provision, and how might ...
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44
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Is it legal to discriminate against people over a certain age? [duplicate]
A restaurant reserves certain items on its menu for individuals under a certain age.
The equality act 2010 specifically makes allowances for age discrimination against people under the age of 18. But ...
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0
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15
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In crimes prosecuted by local authorities, do they take the place off the police or the CPS?
For example, illegal eviction may be prosecuted by local authorities. In this case, does that mean that they refer the cases after charging to the CPS rather than the relevant police forces? Or that ...
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0
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1
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50
views
Can costs orders be made against a party’s solicitors instead of the party itself?
Alice retains Solomon’s solicitors to defend her in a claim brought against Barbara. Solomon is granted the discretion and initiative of deciding how to respond to the correspondence that partly forms ...
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1
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52
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Is an EAPC a “moped” under RTA1988?
The definition given by the road traffic act of moped at s108 seems to encompass electrically assisted Pedal cycles under the EAPC regulations 2015.
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0
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1
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128
views
What would happen to Ben Newman if he didn’t pay his costs order by December?
Ben Newman is a UK animal rights activist who interferes with horse races by running onto the course to delay the races. He was criminially convicted in early July 2023 and given a fine and community ...
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0
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1
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144
views
What is the origin of the notion of the King’s “peace”?
There are magistrates (or justices) of the peace, which evokes memory of the justices of the peace act 1285, a statute. Then there is a breach of the peace and the various police powers and ...
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0
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1
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83
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How are commital proceedings for contempt of court initiated, and who may the process be instigated by?
An injunction was obtained against Bob for allegedly disrupting/sabotaging the Epsom Derby Jockey Club, prohibiting him from doing such things again in the future. He violated this injunctive ...
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98
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Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Alice assaulted Bob at a demonstration by grabbing his placards ...
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2
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105
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Can selective assertion/enforcement of legitimate rights be discriminatory?
A shop exists where a tonne of shoplifting takes place by people of all races. But the security guard only calls the police on the black shoplifters.
A pawn shop gives collaterally secured loans to ...
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19
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1
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By what provisions are foreign students not allowed to work as deliveroo drivers?
Deliveroo does not allow students even those permitted to work to register as delivery riders. What legal reason is there for this?
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1
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64
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What is “peace or comfort”?
The Protection from Eviction Act 1977 refers in a handful of places to “peace or comfort.” What is the meaning and scope of the referents of this phrase? Is it confined merely to that immediate peace ...
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0
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1
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109
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Why isn’t the county court binding upon itself?
Numerous sources state that the starting point for all common law systems is the cornerstone principle of stare decisis, ie that courts are in similar fact patterns bound to follow previous decisions ...
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0
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50
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Can a contract stop part-time employees (but not full time employees) getting a second part-time job?
I am currently considering a funded PhD post. They allow both full-time and part-time applications. They were very clear that if you do the PhD part-time, you at not allowed to do any other paid work, ...
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76
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Taking legal action against Lenovo
TLDR: After three repair attempts, Lenovo have been unable to repair my laptop back to the original standard.
I have a Lenovo laptop where I have purchased an extended warranty (Premium Care On-site ...
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0
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55
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Would using a parasite be Assault with a Deadly Weapon?
What crime would be committed if an Offender inserted a parasite into a victim's ear? This would be involuntary and for malicious purposes. The outcome could range from short-term discomfort to severe ...
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1
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280
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Can a ban from a venue be nullified by subsequent admittance?
Bob was expressly told by an employee Emily of a business to never return to that location. A month later, he returns and Emily advises her colleague Colleen the Bob has been banned. A year later Bob ...
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147
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Can you be “protectively” arrested to prevent a feared breach of the peace against you?
Example: Antisemitic rally being held by the national jewhaters’ league. Robert the rabbi with his skullcap shows up in his very conspicuous Jewish garb to proudly sing some Jewish songs in the centre ...
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114
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Does a pub have a right to control the pavement outside it even if they have permission to place tables and chairs on that section of the pavement?
A pavement seems on a basic level to be a public piece of land. I’ve seen notices posted on the outside walls of businesses related to “applications for a pavement license”. Presumably a license to ...
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