Questions tagged [england-and-wales]

Questions specific to England and Wales

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Enforceability of terms of renewal in a fixed-term assured shorthold tenancy agreement

I am renting a (London) flat with an Assured Shorthold Tenancy Agreement which has a duration of 12 months. Since this tenancy started at a time when property prices were temporarily low (during one ...
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  • 133
3 votes
1 answer
62 views

Inherited tenancy-in-common and overriding interest

This question is specifically about the law in England and Wales. X and Y are joint tenants. Y severs the beneficial joint tenancy to become a tenancy-in-common (with a written notice). Y dies leaving ...
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13 votes
3 answers
4k views

Why is it unlawful for an officer of the court to inform a jury they may find as they see fit, absolutely?

Jury nullification may not be the worlds best know term, but it's certainly no stranger to this Stack. I'm curious how it comes about, and how it is legally justified, that an officer of the court is ...
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  • 2,905
0 votes
2 answers
281 views

If when driving, you knock someone's door off, are you at fault?

In the UK, if you are driving and a road rage incident with the car in front commences, causing them to step out of their car and leave their door open while they raise either their fists or a weapon ...
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  • 117
6 votes
6 answers
2k views

Can the "de minimis non curat lex" rule render actions that are otherwise illegal, legal?

My understanding is that the rule can be used in court to strike down actions in court. I was wondering whether it might also perhaps be used legitimately by someone, outside of a court case, and ...
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1 vote
3 answers
87 views

How can sole traders legally circumvent 'no business use' restrictions in domestic contracts?

I would like to get some advice regarding using consumer services for business purposes, where the contracts for the services have terms that when taken in isolation, forbid the use of the services ...
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1 vote
0 answers
23 views

Does Section 20, Landlord & Tenant Act 1985 apply to price increases on existing services?

I've just received my annual invoice for a service charge on a leasehold property which has again increased by a sizeable amount. I noticed that in the summary of tenants' rights & obligations it ...
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1 vote
2 answers
338 views

Is there any part of the island of Great Britain which is not in England & Wales or Scotland?

Is there any part of the island of Great Britain which is not in England & Wales or Scotland?
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  • 1,550
2 votes
2 answers
54 views

What's "a disposition to trusts"?

The word choice of disposition baffles me, because in ordinary 2021 AD English, disposition means "frame of mind, attitude, inclination; temperament, natural tendency or constitution of the mind&...
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  • 273
1 vote
2 answers
135 views

Why can a court always, irresistibly appoint a trustee?

The embolded phrases make it sound like a court can unpreventably, necessarily appoint trustees. Are there no exceptions? Can't a court fail to appoint a trustee? For example, can't a court fail to ...
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  • 273
0 votes
2 answers
67 views

How does overreaching work, in the absence of an exchange product?

I understand how overreaching works in sale of trust property — when a purchaser OVERREACHES the beneficiary's equitable (proprietary???) interests to obtain "title to the land unencumbered by ...
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  • 273
1 vote
1 answer
133 views

Mental health consumer rights (UK)

Are there any specific UK laws that deal with the following? I've struggled with mental health problems most of my adult life and am currently on the waiting list for an nhs referral to a psychiatrist....
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-1 votes
2 answers
51 views

When, if ever, can Contract Law assist victims or patients of medical malpractice?

I know medical malpractice involves mostly tort law, but when and how can Contract Law enter the fray or picture? I am not a lawyer, but I work in the medical field. Ordinarily, physicians ask ...
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-1 votes
1 answer
103 views

If a car owner has a monthly credit account with a car workshop, then why wouldn't the garage have a lien on the car?

This case matters to my husband and me, because we pay much money yearly to service our cars at auto shops!! 1. We have never heard of "monthly credit account" at vehicle workshops? How does ...
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  • 273
-1 votes
1 answer
118 views

What prevents exploitation of Land Registration Act 2002, s 58? How dangersome is it?

I am affrighted that around 1 Nov 2021, Reverend Mike Hall's identity had been stolen and used to sell the house in Luton and bank the proceeds. What deter, thwarts fraudsters, enemies of the UK ...
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  • 155
0 votes
1 answer
58 views

How can Capital & Counties v Hampshire CC [1997] be persuasively distinguished from Kent v Griffiths [2001]?

I don't think they can be distinguished for two reasons. 1. Like the London Ambulance Service in Kent v Griffiths [2001] QB 36, the firefighters in Capital & Counties v Hampshire CC [1997] QB 1004 ...
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0 votes
1 answer
77 views

Why does the Sale of Goods Act 1979 haphazardly waver between transferring PROPERTY vs. TITLE?

It feels haphazard for the SGA 1979 to oscillate between referring to transfer property most times, but title other times. Can you please ratiocinate these oscillations? What happens if you replace ...
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  • 155
-2 votes
1 answer
99 views

Why would a Landlord require no objection to title, even if Landlord has perfect title to the Premises? [closed]

My husband is seeking to lease space for his medical practice. The offer to lease, drafted by the Landlord, contains NO OBJECTION TO TITLE The Tenant must assume the right of the Landlords to grant ...
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  • 155
2 votes
2 answers
104 views

Is it possible to have more joint tenants in equity than the number of joint tenants in law?

Dealing specifically with England and Wales: Is it possible for there to be more joint tenants in equity for a specific property than the number of joint tenants in law? For example, if A, B, C ...
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2 votes
1 answer
110 views

Can a worker who is not an employee be wrongfully dismissed? (England & Wales)

Does wrongful dismissal (NB. I don't mean unfair) apply to workers who are not employees in England & Wales? My understanding from my lecturer is that it does apply (it came up on a test question ...
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14 votes
3 answers
5k views

What happens if I sell the same physical item to several people?

Follow-up question for Could a contract with ludicrous terms be enforced? At the end of the hypothetical there, they raise the possibility of someone secretly selling the same physical item (a unique ...
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7 votes
6 answers
5k views

Could a contract with ludicrous terms be enforced?

Say, for example, that A makes a contract with B. A agrees to sell his very rare car, of which no more are up for sale, to B for £1. Later, when B comes to collect A's car in exchange for a quid, A ...
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  • 835
0 votes
2 answers
161 views

Can I terminate contract, because strawberries were spoiled when delivered one day late to my restaurant? [closed]

I own a restaurant. My one page contract with my supplier — let's call them D — required D deliver 40 kilograms of fresh strawberries to my restaurant, by 3 November 2021. D must contract with a ...
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8 votes
1 answer
2k views

Clever Probate Fraud (UK) - How Did He Do It?

I’m hoping someone can help me understand this clever bit of probate fraud. In summary: Swindler made fake wills for sailors who had died intestate leaving high value estates. The wills looked real ...
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2 votes
1 answer
94 views

Admissibility of covert recordings in English criminal proceedings

Jurisdiction: England and Wales In this case, a man (M) raped the complainant (C). M and C have each other's contacts. The day after the event, C calls M and wiretaps him (i.e. without M's consent or ...
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-1 votes
2 answers
188 views

What does "appropriated to the contract" mean in the Sale of Goods Act 1979, s 18, Rule 5?

Here, the verb appropriate is followed by TO. What does it mean that someone appropriates "goods of that description and in a deliverable state" TO THE CONTRACT? At large, what does it mean ...
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  • 273
2 votes
1 answer
78 views

What are the simplest examples of a long chain of trusts of equitable proprietary interest in property?

I don't understand how "such chains of trusts of the equitable proprietary interest is very significant commercially in respect of trusts of securities and of the rights to such securities. What ...
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2 votes
1 answer
90 views

Why would a trustee hold merely a Personal Right, not any Property or Proprietary Right, to value credited to a bank account on trust?

What exactly does "value credited to a bank account on trust" mean? Why wouldn't a trustee hold a Property/Proprietary Right to the value credited to a bank account on trust? But then why ...
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2 votes
2 answers
143 views

Why does the absolute legal owner of property also have a beneficial interest in it, without any equitable interest?

Why does the absolute legal owner of property also have a beneficial interest in it? Because the author's distinguishing "beneficial" from "equitable", then what does the author ...
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1 vote
2 answers
46 views

If a trustee must consent to accept a trusteeship, then why can't a contract between testator and trustee be constructed or implied?

I'm asking just about reason 2 below here. I don't understand the emboldened sentence. If "anybody who becomes a trustee must consent to" the trusteeship, how's it impossible to imply or &...
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2 votes
1 answer
79 views

Possessory vs Proprietary as adjectives

Posessory (embolded) and Proprietary (embolded and italicized) here can't be synonyms, because the author is using them in opposition. Notice the "rather than" in the sentence footnoted 54. ...
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2 votes
2 answers
115 views

Possessory Right over land vs. Proprietary Interest in land

What are the differences between "Possessory Right" and "Proprietary Interest"? The following quotation refers to Vauxhall Motors Ltd v Manchester Ship Canal Co Ltd [2019] UKSC 46. ...
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3 votes
2 answers
151 views

Property vs. Proprietary as adjectives

Several books on Trusts use both "property" (emboldened beneath) and "proprietary" (emboldened and italicized beneath) as adjectives, even in the same paragraph! Do they differ in ...
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13 votes
2 answers
1k views

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

I've been informed by a law firm that they are required by national regulations of the solicitors' authority to collect a landlord's name and address (not the address of the property in question, but ...
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  • 143
2 votes
2 answers
67 views

Corporation tax and annual accounts for a closed UK company that lost money

Consider the following hypothetical scenario. Person A starts a limited liability company B in the UK, registered in England and Wales, through Companies House. Company B has expenses and some income, ...
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5 votes
1 answer
93 views

Does the High Court ever exercise original criminal jurisdiction?

Does the High Court of Justice of England and Wales (Queen's Bench Division) ever exercise original criminal jurisdiction in serious cases (eg, a terrorism trial) in modern times? Has it ever ...
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2 votes
0 answers
35 views

Options when contracted services being performed without reasonable care or skill

In England, under the 2015 Consumer Rights Act, services have to be performed with reasonable care and skill. So what is a good, but legal, course of action when it becomes apparent during the supply ...
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3 votes
1 answer
112 views

Is it illegal to parachute from a paraglider in the UK?

Question 1: Is it illegal to parachute from a paraglider in the UK? The jumper and pilot would know and understand what they are doing. Jump would (ideally) take place over an unpopulated body of ...
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7 votes
1 answer
4k views

Carrying a knife in public in the UK

Is carrying a certain knife in the UK, more specifically England, allowed? And what type of knives do these have to be? e.g. blade length. Would carrying such knife be allowed if you do not have a ...
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  • 339
14 votes
3 answers
4k views

Does grabbing someone by the jacket constitute assault?

What is considered assault in England ? An example Person A swore at Person B and was grabbed by the jacket by person B in a casino. Has Person B committed assault even though person A may have ...
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  • 339
4 votes
3 answers
327 views

Can a child do a citizen's arrest?

I'm really interested to know if it's legal in London (UK) and Germany for a child, say at 13 or even aged 8, to do a citizen's arrest? On an adult, if that makes a difference.
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  • 182
4 votes
3 answers
2k views

Can a contract be backdated to cover a previous gap?

I run a concession which trades on private property in the United Kingdom. My contract expired on 31 March 2021 and there was no correspondence to renew it. I have been allowed to continue trading, ...
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2 votes
3 answers
470 views

Can I get my deposit back from a builder?

In April this year I contacted a local builder who had done work for me before. The agreed price was £10,000 and he asked for 50% deposit and 50% on completion with the work to commence within 6-10 ...
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2 votes
2 answers
89 views

When there is a legal requirement for someone to be 'qualified and competent' to carry out a job, how would this be tested?

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were recently introduced in England and require that landlords carry out an inspection and testing of the ...
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  • 21
2 votes
1 answer
154 views

Is there any legal obligation to tell a supplier they are consistently undercharging for a service?

Back story: Historically my electricity supplier worked on a 3-month billing cycle. They asked for a meter reading (or took their own reading), sent a bill, and I paid it. Rinse and repeat every three ...
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  • 437
6 votes
1 answer
599 views

Public liability in the UK during building works on house

When building works are done on a house in the UK (specifically England, if it makes a difference), is the contractor who erects scaffolding required to have public liability insurance? If the ...
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2 votes
0 answers
125 views

Why would a Landlord require a Tenant to sign an Offer to Lease that binds the Tenant to the Tenancy Agreement, rather than merely the TA itself?

I need to lease retail space at a shopping arcade. Landlords' Leasing Manager emailed me Landlords structured its OTL to bind prospective tenants, even if they don’t sign the formal TA. Once signed ...
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0 votes
1 answer
59 views

If Landlord is suing a former Tenant, can the Landlord be prevented from leasing the premise out to a new Tenant?

At my shopping mall in England and nearby malls, many shopfronts have been closed for at least one year, but don't advertise "FOR LEASE". Normally, these shopfronts advertise "FOR ...
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0 votes
1 answer
54 views

Property Law - Professional Clean/Damage

My landlord is currently trying to charge me for professional cleaning even though the property was cleaned thoroughly prior to moving out and the inventory of the house says that many rooms were of a ...
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19 votes
1 answer
3k views

Under what statute can an English judge 'sentence' someone to read classic literature?

This story in the Guardian claims that a judge has imposed a suspended sentence on someone convicted of terrorism offences and has also insisted that he read classic literature by Dickens, Austen, ...
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