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Questions tagged [england-and-wales]

Questions specific to England and Wales

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votes
1answer
497 views

If a witness refuses to answer 'Has the defendant done this before?', then why can the jury appeal to ignorance?

Source: p 186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).   Until then great attention will be paid to any question asked by the jury on the ...
4
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2answers
291 views

Do 'questions come from the jury after they have retired to consider their verdict, when they can't be answered'?

Source: pp 185-186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).   Juries have no rights on questions of evidence at all, except as the final ...
1
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1answer
88 views

If the defendant declines the plaintiff's counsel's request to give evidence, then how did the latter err?

Source: pp 182-183, The Art of the Advocate (1993) by Richard Du Cann QC.  Less fortunate was a Mr Barker in 1896, who suddenly found that all his furniture had been sold by a man named Shalless ...
0
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1answer
53 views

How was Hume Williams 'impotent' and 'personally involved' in his altercation with a witness?

Source: pp 65-66, The Art of the Advocate (1993) by Richard Du Cann QC. Sorry for the long quote; please advise me if and how I can abridge it. Tenacity is more than an aspect of courage. Counsel ...
2
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1answer
498 views

What is the statute of limitations for a violation of the Computer Misuse Act of 1990's provision(s) on phishing?

I came across a story about a twenty-something year old male who setup a fake website in order to 'phish' for usernames and passwords for a popular game. After acquiring the credentials he would then ...
0
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1answer
387 views

If a barrister cannot convince his client to act on his advice, should not the lawyer still effect and respect the client's instructions?

Source: p 33-34, The Art of the Advocate (1993) by Richard Du Cann QC. Please advise me how I can abridge the quote below to reduce this post's length. The Legal Aid and Advice Act has made ...
0
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1answer
65 views

Is a letting agency liable for mispresentation if they change their rental price?

If a letting agency (on the behalf of the landlord) states on two separate occasions that two months are to be at half rent, are they liable for misrepresentation when they argue full rent is to be ...
1
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1answer
3k views

What compensation could a UK property buyer get if the seller pulls out after exchange of contracts?

Imagine a chain free buyer has transferred a 10% deposit and contracts have been exchanged on a property he/she would like to buy. If he/she pulls out, this deposit would be forfeited. In the ...
1
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0answers
379 views

Minimum dimensions for a hotel room in the UK

Are there any laws in England which dictate the minimum size a hotel room has to be so it can be rented out? I can only find information on renting of homes etc..
2
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1answer
190 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
4
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1answer
456 views

Can I be compelled by law to decrypt information in UK?

Is there any law currently in place within the UK that can force someone to decrypt information? Either by forcing them to supply the password/key or forcing them to provide the information in an ...
3
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1answer
145 views

Can I claim for time spent preparing for a court case?

I was involved in a car crash almost 2 years ago. I had to go to court and give evidence as to what happened and the other driver was found guilty. My insurance company is now having to start legal ...
1
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1answer
90 views

Has risk been transferred to the consumer?

I have a question about the passing of risk in the Consumer Rights Act 2015, in the context of the Consumer Contracts Regulations. If I order something addressed to myself, but at the address of my ...
3
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0answers
189 views

Can I get kicked out of the UK if they leave the EU?

I am an Irish citizen and I moved to the UK a few years ago. Now they are going to vote whether to leave the EU. I know they might decide not to apply the law retrospectively but by law- would they be ...
1
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1answer
120 views

Is a new EPC required for a residential property sale or can one from the EPC Registry be used?

In the UK an Energy Performance Certificate (EPC) is required for the sale of a residential property. I have 3 questions about these: 1) Is it correct that these have a 10 year validity? 2) Would a ...
2
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1answer
87 views

If one gives a witness statement and incriminates oneself in the process, will that incrimination be used against you?

When giving a witness statement, if you incriminate yourself in the process will that be used against you? For example an article I read recently reported a burglar who discovered a stash of illegal ...
1
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1answer
126 views

On the intellectual property of animals, a story of monkeys and cats!

The story of the monkey who took a selfie is, by now, probably widely known. Summary: a court said that the owner of the camera is not entitled to rights because the picture was taken by the monkey, ...
4
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1answer
128 views

Changing a tenancy agreement for a new tenant taking over from an old one

I currently live in a house of 4 tenants. We have each signed a joint tenancy agreement that specifies our monthly rent payable. This tenancy agreement is due for renewal in 4 months from now. One of ...
2
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1answer
78 views

What guarantees that my conveyancing solicitors are doing their job properly?

I am in the process of buying a property in the UK, and using a solicitor for the conveyancing. So I am placing a great amount of trust in the solicitors and effectively assuming that they have ...
3
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1answer
148 views

Conflict of interest when removing a director

I work for a UK limited company with two shareholders, and two directors. I am one of the directors and the majority shareholder (over %50 of total shares). The company's articles of association are ...
1
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2answers
174 views

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 ...
2
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1answer
65 views

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 ...
2
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1answer
93 views

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, ...
1
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1answer
87 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....
1
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1answer
94 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 ...
2
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2answers
43 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'...
8
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1answer
609 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 ...
5
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2answers
152 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 ...
2
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2answers
85 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 ...
3
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1answer
107 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 ...
2
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1answer
109 views

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 ...
1
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0answers
74 views

NHS GP medical records, Caldicott Principles, Psychotherapy

I requested my medical records from my GP. A large number of items have been redacted. I wrote to my GP asking why have they been redacted, however they didn't reply. I attended a psychotherapy clinic,...
1
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1answer
441 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 ...
2
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1answer
56 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 ...
2
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1answer
74 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?
4
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2answers
210 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 ...
5
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2answers
689 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" - ...
4
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0answers
103 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 ...
5
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2answers
51 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. ...
5
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1answer
217 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 ...
4
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1answer
198 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 ...
1
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1answer
69 views

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 ...
3
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2answers
227 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 ...
5
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1answer
990 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 ...
5
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2answers
156 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 ...
5
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3answers
1k 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.
7
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1answer
376 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 (...
12
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2answers
15k 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 ...
7
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1answer
136 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 ...
10
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1answer
343 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,...