Questions tagged [england-and-wales]

Questions specific to England and Wales

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4answers
236 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 ...
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1answer
80 views

Is it legal to rewrite a book written in 16th century English in modern American English?

I would like to rewrite an old story, written in the 16th century, in the hope that more people may benefit from its message. The latest reprint was in 1971 in Great Britain.
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1answer
112 views

How can an archive claim copyright on very old documents under English law?

A publicly-funded archive in England provides a service to allow members of the public to copy, with a copier on site and for a nominal fee, documents. The documents are very old, so that any person ...
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2answers
148 views

Can Bangladeshi Lawyer practice in UK?

If somebody has no Nationality card of UK, is he able to practice in UK court, although he has completed BPTC courses?
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1answer
130 views

Heraldic Law and Jurisdiction of armorial assumption

In countries where armigers (persons or corporations bearing a coat of arms) must prove their entitlement to such (eg. most legal traditions within the UK, Canada, and other Commonwealth realms) what ...
2
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1answer
156 views

Under what law are Jews allowed to live in England nowadays?

King Edward passed a law ("Edict of Expulsion") in England expelling all Jews from England. According to Wikipedia, Oliver Cromwell permission of resettlement was revoked, and the right of Jews in ...
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1answer
114 views

How would the defendants in the McLibel case have more defenses in the U.S. than in the U.K

McDonald's sued two activists in Britain for libel, and won what I would consider a "mixed" verdict in the so-called McLibel case. My understanding is that defendants in Britain have to prove ...
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3answers
199 views

Where can I find skeleton arguments for claims in England & Wales, preferably online and for free?

I ask NOT about court opinions. The UKSC doesn't publish them. Can I get a copy of a party's 'skeleton argument' or case? The UKSC does not publish parties' cases. [...]. Yet Gina Miller ...
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1answer
226 views

Why is CBD legal in UK, Ireland, etc but it is Illegal to advertise it?

Why can't you advertise CBD on Facebook, Google, etc., considering there is no THC and it is not a drug?
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2answers
163 views

How can I tell what is meant by “assault”, as opposed to “battery”?

In English law, I'm struggling to find a consistent definition of "assault", or at least, a way to decide what definition to apply: Sometimes it appears to mean "to intentionally or recklessly cause ...
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2answers
6k views

Status of Police “Do not cross” tape in England

Police use plastic tape marked "Do Not Cross" to cordon off an area temporarily. It's clear that this could be useful and convenient while the police are actively dealing with an incident. However, ...
2
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2answers
295 views

Canary Wharf - privately owned public space - is it possible to be banned from entering the area?

Canary Wharf in London is a privately owned public space. So far I have been found guilty of walking on a grass and jumping on a stone wall (part of a workout routine). I'm concerned that sooner or ...
2
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2answers
111 views

Is writing quality regulated by the UK Sale of Goods Act

When products are sold in England and Wales there there is an implied contract term that the goods supplied under the contract are of satisfactory quality. (Sale of Goods Act, Section 14) Does this ...
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1answer
105 views

What would have been the typical penalty for six counts of bigamy in 1604?

The Bigamy act of 1603 made it a specific crime to marry any person or persons, the former husband or wife being alive With the penalty being made a "capital felony" Were people typically ...
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1answer
378 views

What are the advantages and disadvantages of judicial change in law reform? [closed]

There are four ways law can be reformed; either through judicial change, reform by parliament, pressure groups or law reform agencies. However, what are the advantages and disadvantages of law ...
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1answer
201 views

What does a a landowner deposit made under Highways Act 1980 and the Commons Act 2006 actually mean?

In Cambridgeshire, UK. I've recently had a few notices go up around my village, near farms with public footpaths, and small green spaces that local villagers roam across regularly, stating: An ...
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3answers
186 views

Discrimination by location (UK)

In the UK does accent count as a "legally protected characteristics"? For example. If i have a thick Newcastle or Yorkshire accent, could an employer legally turn me down for a job for that reason? ...
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1answer
87 views

Is agreeing in a pre nup to get divorced in Scotland legally binding?

Unfortunately one or both of you decide to divorce and you had agreed on a pre nup that you would get divorced in Scotland because you feel it handles divorce more fairly. At least one of you is ...
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2answers
247 views

Partial Payment: ramifications under English & Welsh law?

A and B enter into a contract. They agree that A has to effect payment by bank transfer to B's account. A transfers only a part of the agreed sum. According to Cutter v Powell, which establishes the ...
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2answers
186 views

Can people sue other people in foreign countries and force them to respond?

In the movie Denial (and obviously in real life too) David Irving sues Deborah Lipstadt in the British courts not the American courts. How does that work? Can people sue other people in foreign ...
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1answer
2k views

Clarification for UK age of consent

So for the UK, the age of consent is 16, but there is some sort of law that prevents people over the age of 18 having sex with people under the age of 18 My question is: if two people, say ages 16 ...
3
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1answer
1k views

If “peppercorn” rent is not collected, can a tenant claim legal ownership of property? (UK)

I live in a property which has a garage attached which is rented to a neighbour, these are on a peppercorn rent of £1 per year. Now with a peppercorn rent I've read various descriptions which some ...
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0answers
126 views

My teacher is requesting private family life details, is this legal?

I live in England. My teacher is requesting private family information as homework. We're studying the play Romeo and Juliet, and she wants us to ask our parents about their dating experiences. I don'...
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1answer
61 views

What happens with the decedents' estate when a person dies whilst in a rolling contract?

If a person dies whilst in a rolling contract, and payments are still taken from the account for a few months,would the company be legally forced to return the money to the account?
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1answer
69 views

Can copyright “exploitation rights” be sold?

Someone recently explained to be that copyright cannot be sold, only the exploitation rights can. Even if they are exclusive and indefinite. Is this the case, or can you still copyright?
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1answer
67 views

In English Construction Law, does a domestic client have a right to adjudication if the agreed form of contract provides for it

This is a specific question about English Construction Law. Domestic client JCT ICD Contract (with provisions for adjudication) Although I may have misconstrued the point, I've read somewhere that ...
2
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0answers
26 views

Apportioning a settlement in one case for damages calculation purposes in a second related case

(Sorry this is a bit long, but the question is straightforward. The broad situation described is real, however, although generalised.) Background Alan buys a substantial and valuable income-...
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2answers
134 views

Can a 15 year old transfer copyright?

I have an artist working on some things for me and I've just found out that they are 15. In the UK, can a 15 year old legally sign over copyright to another person? The assumptions made by me are 1....
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1answer
38 views

Can the developer place a cellular antenna after purchase

My friend bought a flat (leasehold) directly from the developer in a London estate. There are a few courts in the estate but it is all managed by the same management company which is associated with ...
3
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3answers
419 views

UK tenant no contract wants to leave early

A family member and her husband are renting a house from a friend, the landlord, and have only been living there about a month. There was no contract written up at all. They've become unhappy with the ...
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1answer
121 views

What benefits to the freeholder and what disadvantages to the leaseholder does a long (1000 year) lease have over the freehold?

I am interested in a property and approximately 300 acres of associated land in the UK. The has a 1000 year long lease with a peppercorn ground rent and no service charge. I understand that every ...
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2answers
90 views

Who (according to the law) is allowed to access confidential information?

Take the following scenario, I own an institution and have recently employed a system which involves a questionnaire/feedback form which gives the new starters the ability to give feedback on their ...
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2answers
194 views

Why can't the UKSC decide that the EWCA should've considered EWCA bound by earlier authority?

Source: p 84 Bottom. Introduction to The Study of Law (2010, 7 ed) by Stephen M Waddams. Miliangos v. George Frank (Textiles) Ltd., [19761 A.C. 433 (H.L.). It can never be part of the ratio ...
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1answer
70 views

Is there an absence limit to withdraw the British citizenship from a person born there?

There is a case where a person born in england and held the UK citizenship but at the age of 7 he/she left the UK along with her family into another country and never entered the UK for almost 12 ...
3
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1answer
367 views

In English law, who or what body starts the process of creating a new statute?

Statutes are legislation from the UK Parliament and devolved parliaments. I believe they all start in the form of "bills" which are proposed statutes. But who or what body is permitted to start the ...
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2answers
72 views

How can a barrister succeed, if a barrister lacked 'the depth into law'?

From the 3 m 51 s juncture of Lord Neuberger's interview at the Cambridge Union of 2015/12/12: On the other hand, I do honestly feel, and I am sure some people who read my judgements would agree, ...
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1answer
5k views

Terms of Self Defence in public place in UK (England)?

I have question about when self-defence applies and charges are not put on a person who was hit, in English Law, in two scenarios: Let's say John and Jane have a discussion which gets heated but no ...
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1answer
43 views

Giving my address to friend to collect his posts

My friend's renting ran out before he can find another one, so he's sharing at some other's home (not mine). He asked if he can use my address for his posts so I agreed. Today I received a letter from ...
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2answers
148 views

UK: How did this squatter win rights to the house? How to prevent?

This article recounts the following facts: The past owner occupied the property from the late 1980s The past owner moved out in or about 1996 The new owner moved in in 1997 The new owner made ...
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1answer
499 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 ...
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2answers
300 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 ...
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1answer
89 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 ...
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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 ...
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1answer
519 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 ...
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1answer
393 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 ...
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1answer
66 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 ...
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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 ...
2
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0answers
387 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
191 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
462 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 ...