Questions tagged [england-and-wales]

Questions specific to England and Wales

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1answer
164 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 ...
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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 ...
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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 ?
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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
99 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 ...
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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 ...
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1answer
92 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 ...
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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
136 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 ...
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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 ...
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1answer
839 views

Switching sides

I'm writing a drama and need some help. Can a criminal lawyer in a rape case switch sides from the person they are representing to the victim if they have been fired by their client?
2
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1answer
111 views

Is the formalism “I put you on notice” important, in UK law, or can a less formal wording be equivalent?

Example case: a high value car specialist/expert sold me a car with a serious defect they should have known of and disclosed (such as past accident history) while warranting the condition was good/...
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1answer
109 views

Is one liable if illegal material is found on one's own server?

This question was prompted by a news article I read earlier today, in which a person described the dilemma they faced on discovering illegal material had been stored by an unidentified third party on ...
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1answer
234 views

A teacher at my college is being threatening towards my friend, is it illegal to catch him in the act with audio?

For a while now, a tutor at my college has been bullying and threatening my friend and she told me today that she did not feel safe around him at all. When no one is around he raises his voice and ...
6
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2answers
270 views

Clause in contract - is there a law protecting me from a landlord abusing it?

Context So, I'm going through the process of creating a shorthold tenancy with a private landlord in the UK. We've done our references and now are down to signing the contract. Everything in the ...
5
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1answer
273 views

How to mention a possibility of litigation/prosecution without accidentally making a “demand with menaces”, in English criminal law?

In English Law, extortion and blackmail are described under section 21 Theft Act 1968, as an "unwarranted demand with menaces", There's criteria and definitions, but they don't seem to matter much ...
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0answers
44 views

Does the UK have a legal precedent for “inherence” with refunding digital goods (& associated contracts)?

For example, if one were to purchase a digitally distributed video game, then a year or two later purchase DLC (or other content reliant on the game to be used), if a refund was obtained on the ...
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1answer
79 views

What is meant by a litigant insuring a judge's life?

'Lord Scarman' The Telegraph (10 Dec 2004). Scarman was assigned to the Probate, Divorce and Admiralty Division (moving to the Family Division when it was abolished) and presided over the longest ...
2
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1answer
156 views

Under English law is it permissable to be arrested for one thing but charged with another?

I saw a high profile case where this happened today and wondered about it. I understand there probably will (and probably should) be some leeway in this, but if one was arrested for breach of the ...
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2answers
119 views

What recourse do I have if I can't meet a tight deadline to complete on a house purchase?

I've recently put down a reservation to buy a new-build flat in London, UK. This is one of the last flats available in the block and the builder is in a rush to complete and get the money as soon as ...
2
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1answer
894 views

Legal Meaning of “Embarrassing”

A while ago on English.SE TimLymington posted: For what it's worth, embarrassing is a term of art in the British courts, meaning 'impossible to prove or disprove (and so having no place in a ...
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2answers
113 views

Why aren't Lord and Lady abbreviated?

I'm referring to the titles for UKHL Law Lords and UKSC Justices. Why aren't they abbreviated for brevity, when Justice is to J and Lord/Lady Justice to LJ? Eg: In Braganza v BP Shipping Ltd [...
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1answer
173 views

Is it legal to force a atheist student to read a prayer in a Church of England UK academy?

At my school, which is a Church of England academy, instead of assemblies, we do "Collective Worship" (although everyone still calls them assemblies). With whole-school assemblies, each class takes ...
2
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1answer
70 views

Party Wall Act - unclear interpretation of party fence wall definition?

I'm looking at sections 1(1)(b) and 20 of the Party Wall Act, and they just don't make sense to me, definitionally. Problem #1: s.20 seems to provide an impossible or meaningless definition s.20: “...
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2answers
157 views

GDPR liability for Web Designer

I am a web designer that works with a range of clients on a project basis. I complete a project and then offer my services at any hourly rate for any other work required in the future. Do I have a ...
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2answers
58 views

How can laypeople investigate an airline's allegation of 'extraordinary circumstances'?

Some airlines allege 'extraordinary circumstances', e.g. to deny liability and shirk compensating under Recital (14) of Regulation (EC) No 261/2004: (14) As under the Montreal Convention, ...
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1answer
66 views

Does using English university’s complaints procedure estop Full Merits Review by a judge?

King’s College London (“KCL”) denied my request for everlasting Alternative Venues, and Stage 1 (Local information resolution) failed. They informed me that the next step is Stage 2 (Formal ...
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1answer
111 views

How can I challenge university's policy to provide Alternative Formats for only “Core” books?

I've print disability, and my university in England sorted my requested books into 3 kinds: Core, Recommended, and Not on Reading List. Like the quote beneath, it'll furnish me Alternative Format (...
5
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1answer
126 views

Is there a time limit on manslaughter charges?

Summary: Is there any automatic liability for death by health complications caused by someone already charged for causing the complication? I'm aware charges can be revisited but does it have to be ...
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3answers
237 views

Is this (hypothetical situation) rape and/or rape by deception?

In this (completely hypothetical) situation where identical twins are impossible to tell apart, would/could a prosecutor bring charges of rape? This takes place in England. Apologies for length. To ...
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1answer
90 views

What crimes have been committed in English law?

This is an odd question, I know, I’m writing a novel, know nothing about law, and would really appreciate your help. Is this illegal (in England): Person A looks a lot like Person B. With Person B'...
2
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1answer
170 views

Is there a concept of a plea-bargained confession in English law?

Forgive the basic questions, I know nothing about law. I’m writing a novel that ends with a serious crime and I’d be so grateful for assistance. A StackExchange user from the US suggested that a ...
3
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2answers
198 views

Is it a crime to give away property without consent?

At work, if I deliberately place a sticker on a jar of nice coffee which says "help yourself", without the knowledge or consent of the owner of that coffee, and knowing the coffee isn't mine and and ...
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1answer
29 views

Is it decorous to refer to mainstays (people recurring in a legal document) by abbreviations?

Presume that these mainstays (even if their names are short) can all be named publicly. I fancy referring to them only with my abbreviations that I introduce on the first page, to save space and ...
3
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1answer
183 views

Is O'Reilly Media engaging in false advertising?

Background: I own copies of several fairly expensive paper books published by O'Reilly Media. One of my primary reasons for buying these books instead of alternatives from competing publishers, was ...
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1answer
44 views

Fair use for a free online school notes [UK]

We are working a project for a website which will offer free notes, and we don't plan on selling them, although we may use advertising at one point to help pay for the domain etc. However, we were ...
2
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2answers
112 views

Found mis-delivered parcel after receiving refund - must I tell the store?

A parcel ordered through a store was meant to be delivered to me on Saturday 30th. It wasn't. Going through the delivery firm's customer service, they couldn't determine where it had been delivered to ...
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1answer
1k views

'Factual matrix' vs. 'Fact pattern'

Google revealed a definition of 'Fact Pattern/Situation' (abbreviate to FP) A concise description of all the occurrences or circumstances of a particular case, without any discussion of their ...
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1answer
96 views

How would having discretion in a matter, immunize a trial judge from appellate review?

Source: High Court of Australia Justice Edelman's speech on 2015 Dec. 9's Transcript: In the first of those essays in 1990 in Oxford, Bingham focused upon judicial discretion. He deliberately ...
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1answer
93 views

To what extent can a trust be used to safeguard your assets against alimony

So in my reading I've come across a case (Prest v Petrodel) where a man wholly owned several companies, and purchased property in their name, but basically treated it as his property. Anyway, it ...
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1answer
523 views

Should an employee be made to pay for mandatory training in the uk?

I work for an agency in the uk and the zero hour contract staff are charged for yearly mandatory training by the company. Other agencies appear to not ask for payment for the training or take payment ...
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0answers
33 views

Conveyancer sent details of different property

While buying our first house I noted that the solicitor we're using for our conveyancing wasn't fantastic, such as sending us a completion bill which didnt take into account the fact that we'd already ...
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1answer
58 views

What meant Lord Mansfield by 'form', 'turn parties around upon frivolous objections', and 'ruin'?

What does 'form' mean? Excessive formality, e.g. completing the wrong form or pleading the wrong cause of action? I can't guess the meaning. How do 1 and 2 ruin and destroy both? Primary Source. ...
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1answer
785 views

Meaning: 'set up the breach of warranty in diminution or extinction of the price'

Source: p. 564 Top. I, not the book, bolded. Section 53(4) [of the Sale of Goods Act 1979] also provides: The fact that the buyer has [1.] set up the breach of warranty in [2.] diminution ...
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70 views

If I use the Deposit Protection Service-provided Alternative Dispute Resolution, is there any danger of legal fees or legal consequences?

The background of the dispute is below. To be clear, this is not really about the money, but about the principle. I believe the landlord is attempting to take advantage, and many tenants more timid ...
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1answer
210 views

Will getting court order and being evicted get a criminal record, therefore making future job endeavors problematic?

Evaluating various scenarios. United Kingdom. One of the potential option is: do not pay rent landlord gives notice court eviction Will tenants being evicted get a criminal record that will ...
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4answers
235 views

Charlie Gard versus Christopher Kerner

I am finding the answer by Dale M. to this question trying. The German pop singer Nena (in much of the world a one-hit wonder but enduringly popular in German-speaking countries) gave birth to a son ...