Questions tagged [england-and-wales]

Questions specific to England and Wales

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3
votes
1answer
148 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
vote
1answer
91 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
votes
0answers
195 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
vote
1answer
129 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
votes
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
votes
1answer
129 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
votes
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
votes
1answer
158 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
177 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 ...
3
votes
1answer
66 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
votes
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, ...
2
votes
1answer
89 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
vote
1answer
98 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
votes
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
votes
1answer
623 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
votes
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
votes
2answers
87 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
votes
1answer
108 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
votes
1answer
110 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
vote
1answer
466 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
votes
1answer
57 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
votes
1answer
76 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
votes
2answers
211 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
votes
2answers
713 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
votes
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
votes
1answer
220 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
votes
1answer
200 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
vote
1answer
71 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
votes
2answers
235 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
votes
1answer
998 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
votes
2answers
160 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
votes
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
votes
1answer
384 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
votes
1answer
138 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
votes
1answer
344 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,...
6
votes
1answer
122 views

Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?

Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment. Is the law still confined to an 'unjust factors' approach as ...
4
votes
1answer
154 views

In England and Wales, how can a plaintiff remain private and confidential?

Suppose that a plaintiff wants to bring a lawsuit but keep his/her identity confidential, in either a criminal or a civil case. The plaintiff refuses to tell either the general public or the media ...
8
votes
2answers
678 views

Is an English will valid if the testator dies while living in Scotland?

If a testator makes a will while living in England, to what extent will it be valid if the testator— permanently moves to Scotland, and subsequently dies there without making a further will?
2
votes
1answer
63 views

UK: Public Access Barrister vs Solicitor

The PDF entitled 'Public Access Guidance for Lay Clients' (from the Bar Standards Board) compares and contrasts Public Access Barristers (abbreviated as AB) and Solicitors. Two key differences are the ...