Questions tagged [england-and-wales]

Questions specific to England and Wales

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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
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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 ...
Terry's user avatar
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1 vote
1 answer
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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, ...
StopUsingFacebook's user avatar
0 votes
1 answer
472 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....
Terry's user avatar
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1 answer
123 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 ...
Prohibited Thoughts's user avatar
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'...
Aamer Hameed's user avatar
7 votes
1 answer
768 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 ...
waiwai933's user avatar
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4 votes
2 answers
283 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 ...
Terry's user avatar
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2 votes
2 answers
106 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 ...
user3715's user avatar
2 votes
1 answer
153 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 ...
Terry's user avatar
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2 votes
1 answer
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Travelling to off site client, how far is acceptable. Uk

My partner works at an audit company and sometimes has to travel to clients. These are usually near where she works and does not significantly increase her travel time. Occasionally they will find a ...
DanielM's user avatar
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2 votes
1 answer
1k views

Is it legal not to have a working stopcock in the UK?

I rent a ~50 year old terraced house in the UK, and had some plumbing work done recently. The plumber said the stopcock doesn't work, and so had to freeze the pipes to get the work done. This makes me ...
l0b0's user avatar
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1 vote
1 answer
80 views

Holding or selling a laptop due to unpaid repairs

In the UK are the any laws which stipulate what can be done when a repair is carried out on an item but not paid for? I have been told that you can hold on to the item until payment is received but ...
Terry's user avatar
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2 votes
1 answer
85 views

EU Data Retention Directive and the Draft Investigatory Powers Bill 2015

Was the EU Data Retention Directive ever transcribed into English law? If so, the Draft Investigatory Powers Bill 2015 would appear to be somewhat moot?
52d6c6af's user avatar
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5 votes
1 answer
418 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 ...
Mark K Cowan's user avatar
6 votes
2 answers
2k 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" - ...
Silly mistakes in the past's user avatar
3 votes
0 answers
117 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 ...
null's user avatar
  • 131
4 votes
2 answers
61 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. ...
sdsf's user avatar
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5 votes
1 answer
875 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 ...
o.comp's user avatar
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5 votes
1 answer
324 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 ...
user590's user avatar
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1 vote
1 answer
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Starting a new business in the UK

My partner recently started trying to sell her crafts through Facebook and through a website (that i am in charge of), she hasn't sold much but it has only being going a month, so we weren't expecting ...
Andy's user avatar
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3 votes
2 answers
629 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 ...
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5 votes
1 answer
2k 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 ...
ConMan's user avatar
  • 153
4 votes
2 answers
257 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 ...
xorsyst's user avatar
  • 143
5 votes
3 answers
4k 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.
mustard93's user avatar
7 votes
1 answer
489 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 (...
Flup's user avatar
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14 votes
2 answers
24k 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 ...
OMGtechy's user avatar
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7 votes
1 answer
230 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 ...
HDE 226868's user avatar
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10 votes
1 answer
412 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,...
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5 votes
1 answer
200 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 ...
T L C's user avatar
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7 votes
1 answer
293 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 ...
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9 votes
2 answers
835 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?
Flup's user avatar
  • 3,054
3 votes
1 answer
102 views

UK: Public Access Barrister vs Solicitor

The PDF entitled 'Public Access Guidance for Lay Clients' (from the Bar Standards Board) compares and contrasts Public Access Barristers (abbreviated as AB) and Solicitors. Two key differences are the ...
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