Questions tagged [england-and-wales]

Questions specific to England and Wales

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Lord Hailsham and Learned Hand - Two Addresses

I've been reading some broad and general books on constitutional and public law of England and Wales. A number of works are often cited, e.g. Lord Bingham's Rule of law, Bagehot's The English ...
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3 votes
1 answer
129 views

How else can the Tenant lose out, if Tenant agrees not to object to Landlord's title, and assumes Landlords' right to grant the tenancy?

I copy and pasted the following clause from the Offer to Lease, governed by the law of England and Wales, that a Landlord emailed me, for leasing their premise in England for my retail store. No ...
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2 votes
1 answer
44 views

Legalities behind software freelancing for someone in England which sells properties in EU

I have a friend who is a British Citizen who's also born in England. The same is true for me. He wants me to develop an application for him where he'll be selling/renting property to people (as part ...
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  • 251
5 votes
1 answer
329 views

Is spoken accent a protected characteristic in England?

It was recently suggested to me that the accent that one speaks with is a "protected characteristic" under English law in the same way that skin colour is. Is this true or false and can you ...
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3 votes
1 answer
356 views

Can the council cut down a tree I plant on common land?

This has been inspired by a previous question I have asked, but has not been answered. Please note that I have not actually planted any trees, this is just a scenario. :) Bob owns a house with a ...
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3 votes
2 answers
75 views

Does an active case before an inquest jury give rise to contempt rules?

The horrible Plymouth shooting has now led to an inquest into the deaths there, and an inquest jury will be summoned for the haring in coroner's court. If the gunman had survived and was to be ...
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1 vote
2 answers
71 views

UK HMO Additional License for 5 tenants in 3 rooms but the single room has a couple

I am a tenant in a House of Multiple Occupancy (HMO) with 3 rooms which has the Additional Licensing and it is allowed to have max 5 occupants for a maximum of 3 households. Specifically London, UK. ...
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4 votes
1 answer
162 views

Does double jeopardy prevent someone being tried twice for the same offence in both England and Scotland?

Let us say someone (D) commits an offence under an Act of Parliament applicable to both England & Wales and Scotland, and the circumstances mean that both England & Wales and Scotland have ...
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1 answer
81 views

Am I violating IP if I name my mobile app the same as an existing one?

I am just starting development on a new gym app and have a name that I really want to use for it, however, upon searching the app stores (Apple App Store & Google Play) I have found an existing ...
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1 vote
2 answers
76 views

The relevance of Article 8 in consent to a sexual act for mentally ill people in UK?

I have been watching a Supreme Court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. I will ask them as ...
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3 votes
1 answer
63 views

Effect of Duvall on Absolute Covenants in a shared property?

I live in a flat in a London house. There are two other flats, so that's 3 flats with 3 leaseholders. Our old leases, which were renewed in 1992, state: Alterations: 3.9 Not to make any structural ...
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How is the "reasonable force" requirement applied to fights that end up in a grapple?

In the England and Wales ones right to respond to attacks is limited to what is considered "reasonable force". The CPS sum up with a quote from Palmer v R, [1971] AC 814: It is both good ...
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  • 529
1 vote
1 answer
122 views

Must a registered service animal be of a certain species?

Asking from England but interested in all jurisdictions. Is there a list of species that can be registered as service animals or can any animal be potentially a service animal?
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3 votes
1 answer
112 views

Can an employee in the UK (England) be imposed a contractual duty to subject themselves to marijuana tests?

Bob, a citizen of the UK, is a white collar employee of a UK construction company. They never engage in hazardous work or work that is, within the scope of its risk, can endanger others. Can the ...
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7 votes
3 answers
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Potentially accidental refund - can one keep it?

If a person pays a debt due to a company, and gets a receipt showing the debt has been fully satisfied, but then that company (potentially in error) refunds the full amount without any communication ...
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6 votes
2 answers
162 views

Why did English legal convention forbid many types of internal punctuation?

Even with internal punctuation now, and canons of interpretation, "series of items or activities" can be ambiguous, and are arguable and appealed to final courts of appeal. Why did legal ...
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1 vote
3 answers
151 views

Who can ask the judge to interpret a paragraph of his court judgement, in uk?

The appeal judge states: The county court judge decided based on arguments that are plainly available to her. The county court judge fell into error in concluding that the non-delegable nature of the ...
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0 answers
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What's the law on the NHS's postcode lottery?

Googling yielded a 2002 editorial Impact of the European Convention on Human Rights on medical law, but this may be outdated. Has anyone tried to sue the NHS on the ground that their postcode lottery ...
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1 vote
1 answer
55 views

Can posting an answer, in the absence of a specific disclaimer, on Law SE attract Hedley-Byrne liability?

If, as a barrister, I post answers on Law SE, without specific extra disclaimers other than the standard Law SE one, can such a posting give rise to a pure economic loss Hedley Byrne tort case against ...
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2 votes
2 answers
209 views

Can a gift shop no longer selling your art be actionable discrimination under English law?

Inspired by the case of the artist Jess de Wahls, who is considering legal action against the Royal Academy after they discontinued stocking her art in their gift shop because of Ms de Wahls's view ...
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1 vote
1 answer
99 views

Direct sales outside of schools

Is it illegal to do direct sales (as in approach parents of students) outside of school gates and market ones tuition business? I got warned by the members of staff at the school to leave the area or ...
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1 vote
1 answer
111 views

Negotiating ‘Uplift overage’ on property (UK)

I am interested in purchasing a home nearby. The purchase is not insignificant, but it has only just been brought to my attention that the vendor has a ’uplift overage’ on a portion of the land that ...
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  • 143
2 votes
2 answers
176 views

Does an English Police Officer have the authority to compel a purchase?

Per these news article in the Daily Mail and Daily Express, Special Constable Penny Lancaster arrived at the scene of a crime, to whit, a gentleman urinating inside a public sculpture. She then... &...
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3 votes
3 answers
285 views

A Lawyer recieves an unintended letter from a client. Is it privileged?

This is based on a situation in a mystery novel. In the novel a lawyer receives an envelope addressed to him by a client, in the client's handwriting, which the lawyer knows well. But the letter ...
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1 vote
1 answer
119 views

If someone who has obtained a GRC 'detransitions', can they 'return' to their original gender?

If an individual obtains a Gender Recognition Certificate, but then decides that they identify with the gender they were assigned at birth (so-called 'detransitioning'; cf the case of Bell v Tavistock)...
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-1 votes
2 answers
101 views

How to send a document restricting its spread?

I have a personal project I am working on and I wrote a detailed presentation of it, where I describe the internal mechanisms in a certain detail. I do not know how/if I will license it in the future, ...
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  • 109
1 vote
2 answers
122 views

Tenants not told about planned construction work

I have just moved into a new flat in London, UK and there was planned construction work for a shop underneath that me and the other tenants were not informed about. What are my rights at this point? I ...
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1 vote
1 answer
64 views

What does it mean for the Administrative Court to be "acting as a constitutional court"?

Kindly see the boldening below. It baffles me because the UK doesn't have a SEPARATE Constitutional Court, unlike France or Germany. Isn't the Administrative Court a Constitutional Court? The work ...
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2 votes
1 answer
96 views

Can I read discarded post?

I am a landlord, and a previous tenant of mine has left the property. They have left piles of black bags in the rear garden and in the property. Some of the bags contain letters that have been ...
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1 vote
1 answer
57 views

What laws should I be aware of if I were to start a business scraping profile content from a website and using this content to build another website? [closed]

The idea is to build websites for people (in the UK (at least to start with)) using content that they have uploaded to another website. I will cold-call them, ask them if they would like a website and ...
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0 votes
1 answer
160 views

Why doesn't s.65 Consumer Rights Act 2015 bar grocery staff from excluding their liability for killing my horse?

Here are the facts of my case. P (Plaintiff) rides her horse into town. P decides to stop at D’s (Defendant) grocery store. In D’s car park she ties the horse to a pole, where there is also a ...
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0 votes
2 answers
115 views

If a second builder completes a house at higher cost, why would this affect your claim for damages against the first builder?

Here are the facts of a problem question, created by my law teacher. B1 (Builder 1) had agreed to build four backyard micro-cabins for P (Plaintiff), a developer, at a cost of £5 each. It was agreed ...
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2 votes
1 answer
68 views

Are there different penalties for crimes against a PCSO as opposed to a police officer?

A person has recently been arrested for the murder of a Police Community Support Officer (PCSO) in Kent, England making me wonder: Is the murder/assault/other crimes against a PCSO subject to the same ...
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-1 votes
2 answers
48 views

If a rogue signed a written "Sale Note" with the original owner, then how can a contract between O and R be oral?

How can the contract between O and R be oral??? How's this question "deliberately ambiguous on whether the contract is oral or written"? Even if O and R negotiated the sale orally, R signed ...
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0 votes
1 answer
39 views

How can consideration be past when the offeror demanded a price, and all discussion of consideration precedes the contract signing?

How does the issue of past consideration arise at all? I'm relying on the paragraphs chronologically. Obviously P's acceptance (see bold below) precedes 'P and D signed a contract'. Then any ...
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3 votes
1 answer
71 views

Sentence given when a Summary only offence has imprisonment over 6 months?

I was reading into the Wireless Telegraphy Act 2006. At the sentencing section, I note the following: (a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not ...
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2 votes
1 answer
82 views

Can adverse possession be used on land that IS registered?

Adverse possession is normally talked about in terms of finding and claiming land for which there is no registered ownership. Around us, a lot of land is listed as registered by the local council ...
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1 vote
0 answers
75 views

Can a wall fully on one's land be part-party?

I own a semi-detached house 10m tall. A large garage on the detached side shares the bottom 2m of the wall. It belongs to the neighbours, who will build a house to replace the garage. In contrast to ...
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2 votes
1 answer
70 views

Can a wall only be part-party? (England)

I own a semi-detached house 10m tall. A large garage on the detached side shares the bottom 2m of the wall. It belongs to the neighbours, who will build a house to replace the garage. Is the whole ...
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0 votes
1 answer
117 views

What does "beyond a mere matter of compensation" mean?

I'm guessing that "compensation" means pecuniary damages, thus "matter of compensation" means private law (contract and tort). Is LCJ Hewart saying that the accused negligence's ...
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0 votes
3 answers
84 views

What time protection does the Fraud Act of 2006 offer to the accused?

A person has been threatened with Fraud Act for a claim he made a year back. The claim was approved by the other party and there was a payout. After a year, the party threatens to charge with fraud ...
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5 votes
2 answers
190 views

The jurisdiction's name is England & Wales: but is the law English or English & Welsh?

The jurisdiction covering much of the UK is named England & Wales. How should one refer to the law of that jursidiction: as 'English law' or 'English & Welsh law'? A few notes: The ...
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0 votes
1 answer
144 views

Is it legal to put a traffic cone on the side of the road to protect property?

Does the law in England allow a traffic cone to be placed on the road next to property to help warn drivers and to protect the property?
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3 votes
1 answer
84 views

Mortgage broker took out life insurance without approval by client (UK law)

This is an odd one and I hope someone could explain the law for me (ideally with a link to the actual law). This case happened in the UK (England to be specific, should that make a difference). About ...
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1 vote
1 answer
110 views

Livestreaming a display of hypnotism to Britain from abroad? (Ref: Hypnotism Act 1952)

The British Hypnotism Act 1952, of which sections are variously in force in England and Wales and in Scotland, concerns demonstrations of hypnotism at "places licenced for public entertainment&...
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  • 751
1 vote
1 answer
61 views

Reasonable amount of time to assume terms are agreed (UK/England)

Bit of background on this question; A group raised a conflict of interest dispute against our group - we immediately took necessary steps to remedy this action. We let them know within a day that we ...
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  • 143
1 vote
1 answer
436 views

How is 'severe distress' defined in UK Coronavirus regulations?

The The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020, Part 2, Regulation 3 states: (1) No person may, without reasonable excuse, enter or ...
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2 votes
1 answer
23 views

Violation of Title Deed Covenants

Title deeds in England often stipulate a list of restrictions and obligations. I am unclear though who can enforce them and how. My current title prevents me interfering with people trying to attend a ...
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-1 votes
2 answers
53 views

Can a company waive liability for a self-employed contractor without the end client being a party to the agreement?

Consider a self-employed web developer whose work is outsourced from another web development company. That developer could be liable for any mishaps and could be sued by their clients. The web ...
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2 votes
1 answer
82 views

Follow-up question about summary only offence

I am following on from a question that I posted here. Person A: Reported suspect for one indictable offence. Person B: Reported suspect for several summary only offences. I understand based on the ...
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