Skip to main content

Questions tagged [england-and-wales]

Questions specific to England and Wales

Filter by
Sorted by
Tagged with
1 vote
2 answers
153 views

If the legislature wrote into law "black is white", how would the judiciary react? [duplicate]

If the legislature were to write an untrue "fact" into law, such as "black is white" or "all oranges are blue", how would the judiciary deal with it? I'm particularly ...
whispersan's user avatar
9 votes
2 answers
3k views

What provision commonly allows police to enter one’s home following one’s arrest to search for stolen property?

In case one is arrested for stealing things, or possibly also for drugs offences, it is common for police to visit the suspect’s home address and search it for items of a similar character. What legal ...
TylerDurden's user avatar
4 votes
1 answer
569 views

Is TfL a public body as under s17(6)(d) POA1985?

Section 17(6)(d) Prosecution of Offences Act 1985 lays out certain criteria which render an organisation subject to the prosecution rules for a public body: d)any other authority or body whose ...
TylerDurden's user avatar
0 votes
0 answers
44 views

What bodies are bound by the public interest test when prosecuting a crime?

ThE CPS clearly is held to this test, but what about other entities bringing prosecutions? Like local authorities, other public bodies, or even privately owned companies? Where is the line drawn?
TylerDurden's user avatar
0 votes
1 answer
62 views

How may one go about finding a definite reference to one or more examples of specific criminal cases that were prosecuted by or on behalf of TfL?

According to TfL’s official prosecutions policy, it seems as though they may do some of the prosecutions themselves. How could one go about finding examples of such cases that have been prosecuted in ...
TylerDurden's user avatar
0 votes
1 answer
73 views

Prior to the insertion of Section 10(A1) to the Criminal Law Act 1977, was it a crime to obstruct the enforcement of a high court writ of possession?

Prior to the insertion of section 10(A1), what was the legal status of obstructing a high court enforcement officer who was on official business in the course of evicting a former tenant against whom ...
Frank's user avatar
  • 155
1 vote
2 answers
223 views

What is the source of the legal stigma to returning items to shops for refunds to different cards than were used to buy them?

A consumer purchased an item from a ship using a bank card as payment. Almost all shops when processing returns will at least make a token gesture or pretence of ensuring that the card which is ...
Frank's user avatar
  • 155
5 votes
1 answer
935 views

Is the server owner required to ask for ID to allow access to adult content on a Discord server in the UK?

Consider somebody is running a Discord server that allows for NSFW content. They use the NSFW tag on the relevant channels, so as to defer to Discord's own "I am over 18" button for ...
thephpdev's user avatar
  • 151
0 votes
1 answer
82 views

Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?

The background After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager. During the ...
Jo Malone's user avatar
6 votes
1 answer
224 views

Where does the idiomatic term “caution+3” come from?

As an alternative to arrest, English police may summon one to make an appointment at a police station for a so called voluntary interview, which is often derisively mocked in that it ironically often ...
TylerDurden's user avatar
1 vote
1 answer
139 views

Does an independent constable officer have a choice not to arrest someone they encounter who is subject of a warrant?

Collin the Constable holds the Office of Police Constable making him an independent servant of the crown who is said to be individually and independently responsible for all of his conduct carried out ...
TylerDurden's user avatar
0 votes
1 answer
90 views

Can psychiatric illness factor into the question of guilt?

Imagine a patient suffers from Tourette’s, which causes them to involuntarily swear and shout epithets (for example, sexist or racist slurs such as the n-word). In the U.K., this is very likely to be ...
TylerDurden's user avatar
1 vote
1 answer
227 views

What are the cross-jurisdictional effects of British police powers?

I believe that an officer of the Metropolitan Police or British Transport Police could just as easily arrest a person within the City of London (which has its own police force) as one of Surrey police ...
TylerDurden's user avatar
0 votes
2 answers
135 views

Spending overpaid stipend instalments

Bob was a student and received a stipend grant for his living expenses whilst doing research at an academic institution for post-graduate studies. He came to rely on these for his monthly living ...
TylerDurden's user avatar
1 vote
3 answers
95 views

What is the closest equivalent to criminal compensation orders in other jurisdictions?

In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
TylerDurden's user avatar
-5 votes
2 answers
174 views

Can meeting of the minds be premised on a dialog with an agent even though terms are accepted on a webpage?

Bob missed his flight from London Stansted, which he explained upon arriving at the airport to staff of an airline by its check in counter. The employee tells him his options for the order departures ...
TylerDurden's user avatar
1 vote
3 answers
146 views

What would one have to prove to use the truth defence in a libel claim of racism?

It is in the news that Laurence Fox is suing Simon Blake and Nicola Thorp for libel after they made allegations of racism. There has been quite a lot of work in recent years about ingroup bias studied ...
User65535's user avatar
  • 7,552
3 votes
0 answers
44 views

Does the UK building regulations allow for having no principal contractor for domestic clients?

Under The Building Regulations 2010 (as amended), a domestic client is a client where the project is being carried out for non-business reasons. A contractor is someone who carries out the work, and ...
Simon's user avatar
  • 131
1 vote
1 answer
139 views

Implications of rental property being clean to a "professional standard"

Some short backstory: Me and my partner moved into a rental flat (England) which was very unclean. We took a lot of time cleaning it ourselves, whilst exchanging many emails with the rental agency. ...
DannyH's user avatar
  • 153
1 vote
2 answers
246 views

Can it be an offence simply to attend a demonstration against the wish of the official organisers?

A report about Tommy Robinson states the following: In an earlier statement, the force said organisers had "been clear about their concerns that the man's attendance, and that of those who were ...
TylerDurden's user avatar
7 votes
5 answers
4k views

Can a court’s decision be copyrighted?

See this page: If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/...
TylerDurden's user avatar
-2 votes
1 answer
72 views

Where can one find the full decisional text of R v Hale (1979) 68 Cr App R 415, [1979] Crim. L.R. 596? [closed]

Can’t seem to find anything other than bare summaries. Can anyone find it anywhere online? https://lawprof.co/criminal-law/property-offences-cases/r-v-hale-1979-68-cr-app-r-415-1979-crim-l-r-596/
TylerDurden's user avatar
2 votes
2 answers
304 views

Does the context of one’s displays of Nazi emblems matter to its legality?

In Germany, I understand that openly displaying Nazi symbols is illegal but that is heavily dependent on the context indicating that they are being displayed as a promotion or celebration of Nazism. ...
TylerDurden's user avatar
3 votes
1 answer
677 views

Who is liable for a resident mental care patient intruding someone's property?

Suppose someone lives next door to a mental health care home. One of the resident patients climbs out of the care home and breaks into the neighbour's house. Who would be liable for the break-in? The ...
schrödingcöder's user avatar
2 votes
1 answer
120 views

Are the any limits on what historical terrorist acts can result in criminal charges if glorified?

Jonathan Hall KC, the government’s independent reviewer of terrorism legislation has acknowledged that historical events such as apartheid actions of Nelson Mandela and the revolutionary battles of ...
User65535's user avatar
  • 7,552
2 votes
0 answers
23 views

Obtaining certified copy of old UK adoption ruling

I am trying to obtain a certified copy of an adoption/custody ruling that was made in a UK county court in 1971. The ruling concerns my sibling and it is on their behalf that I am trying to obtain it ...
John Topley's user avatar
0 votes
1 answer
107 views

Does ownership of an abandoned/lost item at some point “revert” to the person who has found it?

Omar left his jacket in a pub and Alice picks it up after he left and chased after him, but by the time she got out and looked around on the street, he was already on the bus that rounded the corner ...
TylerDurden's user avatar
2 votes
3 answers
337 views

Are plane tickets purchased online subject to “cooling off period” / buyer’s remorse right of withdrawal

I roughly recall that the distance selling regulations were superseded and thus “rolled into” the Consumer Rights Act 2015. And they included a special right of withdrawal that applied to contracts ...
TylerDurden's user avatar
2 votes
2 answers
372 views

Is it an Offence to Sleep in a Campervan While Drunk?

This answer to this question states that the onus is on the defendent to prove they were not going to drive while they were unfit. Leaving aside the question about the flipped burden of proof, does ...
BWFC's user avatar
  • 289
0 votes
0 answers
33 views

Can a company lend an individual money "by way of business" if secured on a commercial property in the UK with any regulation?

I am curious to know if a company can lend an individual money at a high interest rate for many years without a licence or following any guidelines in the UK The loan was secured on a commercial ...
user53151's user avatar
0 votes
0 answers
45 views

In an English divorce, is it actually possible to draw up a financial consent order without a professional?

In England, the financial aspect of a divorce is separate from but dependent on the legal ending of the marriage. While it isn't technically compulsory, it's generally reckoned to be a very good idea ...
Chris H's user avatar
  • 171
-2 votes
1 answer
126 views

How did international/colonial jurisdictions deal with the combination of law and equity?

It seems to me based on preliminary consideration that as the majority of the British empire gained independence from colonial rule after WWII, the U.S. is perhaps at least somewhat unique in gaining ...
TylerDurden's user avatar
-1 votes
2 answers
88 views

Are writs rooted in equity?

Another answer I came across recently mentioned that orders for specific performance ie mandatory injunctions formerly called mandamus were writs. Conversely so were other writs such as certiorari. ...
TylerDurden's user avatar
-9 votes
2 answers
169 views

Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation? [closed]

The equality act places an equality duty on the public sector. The Secretary of State is charged with the task of designating certain organisations as proscribed under the terrorism act. Does taking ...
TylerDurden's user avatar
-1 votes
1 answer
692 views

Why do the police announce the time when they arrest somebody?

In the U.K. when police arrest someone, they seem to first announce the current time in military/24 hour format, and then they declare the reason or grounds for the arrest. Declaring the grounds for ...
TylerDurden's user avatar
5 votes
1 answer
2k views

Who is breaking the law if a child engages in the gig economy?

There is a news story about children working for delivery apps that describes the practice as "illegal". The exact details are not clear, to me at least, so suppose the following ...
User65535's user avatar
  • 7,552
0 votes
2 answers
168 views

Is it possible the destruction of tents in central London is legal?

It is in the news that Veolia workers took and destroyed multiple tents and their contents in Central London. Is there a way that this could be legal? About 10 tents were destroyed along with the ...
User65535's user avatar
  • 7,552
-4 votes
2 answers
252 views

What is the threshold for reasonable force when one is being mugged or assaulted?

Bob was mugged and assaulted by a gang of three youths, and when later standing on the side of the street chatting with a stranger about the incident they said that what they would have done if faced ...
TylerDurden's user avatar
1 vote
1 answer
213 views

Legality of tearing down Israeli kidnapping victim posters

Many people in London have taken to tearing down poster images of the kidnapping victims of Hamas’s 7/10 attacks. These posters do not seem to be put up with permission of the owners of the surfaces ...
TylerDurden's user avatar
0 votes
1 answer
306 views

When does the grace period start for private parking?

If a parking ticket was purchased 13 minutes after entering a car park, are they eligible to appeal the parking charge for an "invalid parking session"? If not, then would difficulties such ...
tyler cherry's user avatar
0 votes
1 answer
101 views

Rekindling the right of forfeiture in respect of old outstannding debts for unpaid service charges after waiver for the same

Alice bought a lease on a residential property but fell behind on her service charges. She is threatened with forfeiture, her landlord already having obtained a CCJ in default in respect of the unpaid ...
TylerDurden's user avatar
2 votes
1 answer
130 views

Why wasn’t trial by combat invalid by way of desuetude in Ashford v Thornton?

The whole significance of the trial for which it is so widely studied is apparently the insight that desuetude basically doesn’t exist and laws are effective until they’re repealed. But then what is ...
TylerDurden's user avatar
6 votes
1 answer
340 views

What did it mean to be “declared infamous”?

According to Wikipedia, in Ashford v. Thornton, If the plaintiff said the word craven ("I am vanquished") and gave up the fight, he was to be declared infamous, deprived of the privileges ...
TylerDurden's user avatar
-5 votes
2 answers
149 views

What legislation governs the use of the word “flavouring(s)” on ingredient lists?

It’sa fairly vague word. In the U.S. I understand that there is a distinction made between artificial flavour(ing)s and natural flavour(ing)s. In the U.K. there seems to be something that is just ...
TylerDurden's user avatar
-2 votes
2 answers
180 views

Fitness centre injury disclaimers and liabilities

Arnold opens a gym in London, and Bob in Birmingham. Arnold’s writes into its terms of use a disclaimer that any injury resulting from use of the facilities while wearing open toed shoes is the ...
TylerDurden's user avatar
5 votes
1 answer
285 views

What is the threshold for "key national infrastructure"?

On Monday 30th October for the first time police used section 7 of the Public Order Act 2023, which bans any act “which interferes with the use or operation of any key national infrastructure in ...
User65535's user avatar
  • 7,552
2 votes
1 answer
153 views

What is “making it right”?

ACME, Inc. maintains a “satisfaction guarantee” whereby if anyone isn’t fully satisfied with one of their products, they need just get in touch with them about it with proof of purchase within 60 days,...
TylerDurden's user avatar
2 votes
0 answers
87 views

Is it an offence to make FOIA requestsrequests pseudonymously?

Meet Bob, Bob has submitted a FOIA request to a public body under a pseudonym, which it has accepted and proceeded with fulfilling. A few months after its fulfilment, it comes to light that Bob had ...
TylerDurden's user avatar
-3 votes
1 answer
167 views

Conflicting information in different points - is it false advertising if one is wrong?

Adam purchased a battery from eBay where the product image contains the eye catching text 40000mAh. But the product description in much Plainer typeset mentions that it is a 10ah battery. Adam ...
TylerDurden's user avatar
2 votes
2 answers
251 views

Are statutory or other defences to be considered at every state of enforcement to preclude the act’s status as a crime?

Are statutory or other defences to be considered at every state of enforcement to preclude the act’s status as a crime? For one example, criminal Justice act 1988 makes it an offence to carry a weapon ...
TylerDurden's user avatar

1 2
3
4 5
25