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Questions tagged [england-and-wales]

Questions specific to England and Wales

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1answer
70 views

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 ...
0
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1answer
44 views

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-...
1
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0answers
16 views

How long is a Divorce Financial Settlement kept by the registrar of a local UK county court

I have a stamped divorce financial settlement document that was lodged with a UK local county court in 1990 - is a record of this still being held at the county court?
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3answers
145 views

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 ...
1
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2answers
86 views

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 ...
3
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1answer
46 views

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 ...
-2
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1answer
38 views

To evade the penalty rule, how can penalties be redrafted into primary terms to make the event that triggers payment not a breach? [closed]

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 568. Kindly see the red underline.
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0answers
62 views

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 ...
2
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0answers
68 views

To businesses using Condition 8, why are the outcomes in Phillips Products v Hyland and Thompson v Lohan inconsistent?

The two cases are Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd [1984] EWCA Civ 5 and Thompson v T Lohan (Plant Hire) Ltd [1987] 2 All ER 631. Condition 8 was the same in both, and ...
2
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0answers
19 views

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 ...
2
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0answers
177 views

Why could the ‘but for’ tests swallow up virtually all duty-defining clauses?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 432. Kindly can someone expatiate the red underline? green underline? In the green underline, what do 'the parties' normative rights and ...
1
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2answers
64 views

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 ...
2
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1answer
70 views

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). ...
1
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1answer
33 views

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 ...
2
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1answer
51 views

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 ...
1
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0answers
111 views

Why's it “not strictly true” that an act, done before promising to pay or confer some other benefit, can sometimes be consideration for the promise?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 77-78. This post's title is based on the teal sentence marked by the red triangle (▲). How isn't (▲) fulfilled by the two cases ...
1
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1answer
42 views

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 ...
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1answer
45 views

“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?
2
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1answer
136 views

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 ...
2
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1answer
76 views

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, ...
1
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1answer
72 views

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, ...
0
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1answer
72 views

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 ...
3
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0answers
25 views

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.
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2answers
104 views

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 (...
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2answers
86 views

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's ...
2
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1answer
67 views

“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 ...
2
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0answers
330 views

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 ...
1
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1answer
56 views

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 ...
2
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0answers
72 views

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 ...
4
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2answers
121 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 ...
1
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1answer
64 views

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 ...
1
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1answer
83 views

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 ...
10
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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 ...
1
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1answer
50 views

Case Law Regarding The Theft Lost of 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.
2
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1answer
117 views

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 ...
6
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1answer
172 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 ...
1
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1answer
160 views

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 ...
3
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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 ...
2
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2answers
168 views

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 ...
0
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1answer
52 views

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 ?
2
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1answer
44 views

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 ...
4
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1answer
96 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 ...
1
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1answer
71 views

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 ...
1
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1answer
115 views

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 ...
1
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1answer
90 views

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 ...
0
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1answer
90 views

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 ...
3
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1answer
133 views

Can a person be charged in absentia in the English and Welsh jurisdiction?

In England and Wales a person can certainly be tried in absentia, but can they be charged in absentia?
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2answers
82 views

Can my work force me to pay for their compulsory in-house training?

My contract with work states if I leave within 18 months I must pay for the mandatory training they sent me on of £1800. I am already qualified in my field and this course was just to learn their way ...
2
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0answers
98 views

A landlord must provide free internet access, can he charge a deposit for the router?

Had an interesting conversation with a friend about what would happen in such a situation. Let's suppose the contractual term was: "Internet must be provided free of charge to tenants". But a ...
1
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0answers
31 views

Contract and back dated pay

So basically I am in a situation where I finished my apprenticeship at a big company and was promised a pay rise in February that still hasn't happened. I was taken on with a fixed 12 month contract ...