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Questions tagged [england-and-wales]

Questions specific to England and Wales

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Would using a parasite be Assault with a Deadly Weapon?

What crime would be committed if an Offender inserted a parasite into a victim's ear? This would be involuntary and for malicious purposes. The outcome could range from short-term discomfort to severe ...
user5623335's user avatar
  • 1,180
2 votes
1 answer
409 views

Can a ban from a venue be nullified by subsequent admittance?

Bob was expressly told by an employee Emily of a business to never return to that location. A month later, he returns and Emily advises her colleague Colleen the Bob has been banned. A year later Bob ...
TylerDurden's user avatar
-1 votes
1 answer
159 views

Can you be “protectively” arrested to prevent a feared breach of the peace against you?

Example: Antisemitic rally being held by the national jewhaters’ league. Robert the rabbi with his skullcap shows up in his very conspicuous Jewish garb to proudly sing some Jewish songs in the centre ...
TylerDurden's user avatar
-3 votes
1 answer
195 views

Does a pub have a right to control the pavement outside it even if they have permission to place tables and chairs on that section of the pavement?

A pavement seems on a basic level to be a public piece of land. I’ve seen notices posted on the outside walls of businesses related to “applications for a pavement license”. Presumably a license to ...
TylerDurden's user avatar
0 votes
1 answer
123 views

Has refusal to use others’ preferred pronouns or other opposition to usage of elective pronouns found legal protection in the UK?

Whether under article 9 or 10, or (preferably) as a protected philosophical belief under the equality act 2010, has opposition to usage of elective pronouns found the protection of the law? (...
TylerDurden's user avatar
-3 votes
1 answer
55 views

Was affray a common law offence before it was codified in statute?

Section 3 POA 1986 describes affray as a criminal offence. What was the status of it before this?
TylerDurden's user avatar
9 votes
1 answer
3k views

Legal implication of shutting another’s windows from the outside

Bob’s neighbour is playing loud music inside their property with the windows open. Bob knocks on the window asking them to kindly lower the volume. Nobody appears to be home, so Bob gently pushes his ...
TylerDurden's user avatar
0 votes
1 answer
197 views

Does the UK have non-driver license photo ID cards?

Alice doesn’t drive and doesn’t desire to obtain a passport, however she would like to have a photo ID with which to (for example) buy alcohol. Can she obtain from DVLA (or any other body) an official ...
TylerDurden's user avatar
-2 votes
1 answer
95 views

Is the reasoning of the decision deeming ethical veganism a protected philosophical belief available to read?

I recall reading it at one point suggesting yes, but haven’t been able to find it in searches. It was a preliminary issue hearing, not one to decide the substantive case. Are these decisions normally ...
TylerDurden's user avatar
1 vote
1 answer
58 views

Where can I find written decisions of the Employment Tribunal in England and Wales?

Are Employment Tribunal decisions required to be published and where can I find written decisions of the Employment Tribunal in England and Wales?
Jen's user avatar
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0 votes
1 answer
202 views

Is there or will there be any written reasoned decision in the preliminary issue ruling of Kirsty Ayre on protection of opposition to CRT?

Judge Kirsty Ayre in the employment tribunal has ruled that ACAS employee Sean Corby’s oppositions to critical race theory are a protected philosophical belief under the equality act 2010. Where can ...
TylerDurden's user avatar
1 vote
4 answers
281 views

Recourse for biased judges presiding over trial

Alice has brought a civil claim against Barbara, and the paperwork has all been filed as directed in the written case directions. Alice has been self representing while Barbara has hired Barry as her ...
TylerDurden's user avatar
0 votes
2 answers
99 views

Are tribunals fully adversarial?

In England there is a system of tribunals as well as various courts. Are they entirely adversarial as well as the courts are?
TylerDurden's user avatar
4 votes
4 answers
264 views

Can courts be expected to proactively research and have regard to relevant case precedents?

It seems that often statutes are binding on courts even if neither party is aware of our calls the court’s attention to them. They will proactively introduce the relevant provisions into the equation ...
TylerDurden's user avatar
1 vote
1 answer
97 views

Where in the law is the notion of a squatter defined?

Is the notion of a squatter defined as a legal concept anywhere in the law? My understanding was always that it is legally defined as one who resides in a premise who had initially entered as a ...
TylerDurden's user avatar
2 votes
1 answer
778 views

Why were the sentencing remarks for Anne Sacoolas available online?

What determines when a criminal case’s sentencing remarks are available publicly or even exist in written form in the first place?
TylerDurden's user avatar
-2 votes
1 answer
98 views

What court was Anne Sacoolas tried by?

I’m guessing either Magistrates or crown court. I know it was the central criminal court which I suppose is a location of the crown court, but i don’t really know.
TylerDurden's user avatar
-6 votes
1 answer
59 views

Is the CPS a data controller for its defendants?

Alice was charged with an offence by the CPS. Is her file with the subject to the DPA 2018?
TylerDurden's user avatar
-5 votes
2 answers
201 views

Why was Anne Sacoolas not committed for contempt of court?

CIA employee Anne Sacoolas skipped bail when she was supposed to appear for her sentencing for running over and killing a British youth. Her excuse was that her employer had instructed her to do this. ...
TylerDurden's user avatar
-1 votes
2 answers
97 views

What is the difference between a money order and a money judgment?

Presumably there is some distinction as it is made in the name of the so called register of orders fines and judgments. So what is the difference?
TylerDurden's user avatar
0 votes
0 answers
80 views

Conditional intent with reasonable belief that the condition cannot be met

D1 and D2 carry out a burglary (offence A). D1 acts as principal, entering the premises and stealing. D2 assists or encourages D1 by acting as a lookout. However, In the course of the burglary, D1 ...
user avatar
-1 votes
1 answer
75 views

Is it reasonable for a data controller to require proof of one’s address before honouring a subject’s right of access

Alice has requested access to her personal data from a shopkeeper. Barbara has submitted a SAR to a police force for BWV footage. They both require one item of identification and another for evidence ...
TylerDurden's user avatar
-2 votes
2 answers
237 views

Must Alice provide ingredients for baked goods she sells produced by a third party

Alice’s Restaurant sells pastries prepared by Bob’s bakery but when asked for ingredients listing she suggests that a customer look at Bob’s bakery’s website or if that fails then even looking to its ...
TylerDurden's user avatar
2 votes
1 answer
314 views

In UK, how hard can you hold a builder to their quoted price?

I was hoping to have some building work done in England and got two quotes: I would have liked three or four, but it was quite enough work to get two. To my surprise, they different hugely: one was ...
Bob Tway's user avatar
  • 175
0 votes
2 answers
209 views

When and how did the adversarial aspect of the criminal justice system originate, and to what extent is/was it actually adversarial?

As I understand, originally all judicial courts derived their authority from the crown. So too, was the prosecutor in criminal matters referred to as “the crown.” So the crown is both the judge and ...
TylerDurden's user avatar
-1 votes
1 answer
73 views

Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?

According to media reports, NX121 is set to appear at Westminster Magistrates Court. But isn’t murder an indictable only offence?
TylerDurden's user avatar
1 vote
1 answer
191 views

What is the most likely offence, if any, committed in England by vegan extremists displaying graphic footage of slaughter in public?

Vegan activist groups such as “anonymous for the voiceless” go out to public places in order to openly display video footage of gruesome cruelty to animals, materials showing sexual abuse of animals, ...
TylerDurden's user avatar
0 votes
1 answer
63 views

What was the closest parallel to common assault prior to CJA 1988?

Common assault appears to have been defined by statute in the criminal Justice act 1988. How were comparable incidents prosecuted before this?
TylerDurden's user avatar
0 votes
1 answer
296 views

What is the statute of limitations for making false police reports?

Meet Alice. Alice knowingly made false reports to the police. For how long after this occurrence may this crime be reported and proceeded against Alice for?
TylerDurden's user avatar
1 vote
3 answers
307 views

Legality of charging customer service for one’s time spent dealing with them

An acquaintance has a practice of charging companies’ customer service departments £50 per 30 minute increments of his time spent addressing issues with them on the phone. I don’t think he’s ever ...
TylerDurden's user avatar
-1 votes
1 answer
83 views

By what principle may county courts in London be expected to follow certain past decisions?

"Now we have a county court appeal judgment on the issue, from HHJ Luba KC. Still not a binding precedent, but of persuasive value (and will be followed in the London courts). " https://...
TylerDurden's user avatar
2 votes
1 answer
513 views

Moving into dirty property? What are my rights [England]

I just moved into a property in England, and the place is absolutely filthy. For instance, the bathroom has not being cleaned, the walls, carpets, kitchen and so on are proper dirty, And there are ...
giac's user avatar
  • 161
-2 votes
1 answer
104 views

What is a “designated civil judge” of a county court?

See this page that lists them: https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/leadership-judges/designated-civil-judges/ But what is the idea of this post?
TylerDurden's user avatar
-2 votes
1 answer
51 views

When are county court decisions binding upon the “London region” of the county court?

And what unites or defines the “London region”?
TylerDurden's user avatar
0 votes
0 answers
32 views

Alimony in England

My understanding is that alimony, in England, is decided by the courts. This gov.uk page, for instance, says: The court sometimes tells the person with the higher income to make regular maintenance ...
TheProseMix's user avatar
1 vote
1 answer
97 views

Can a terminated commission based legal representation relationship give rise to expectation damages in England?

Meet Alice. She has a legal claim against Bob. She contracted Larry the lawyer to represent her in this matter and essentially run the case for her on a no win no fee percentage of damages commission ...
TylerDurden's user avatar
0 votes
1 answer
104 views

When and where are decisions by the various tiers of the county court binding?

Apparently there is only one county “court,” in that the county court throughout all of England if not also Wales is really just one big court that sits in various different locations throughout the ...
TylerDurden's user avatar
-4 votes
1 answer
144 views

Can dress codes arbitrarily/unilaterally define types of garments?

A foodservice venue prohibits men wearing nothing but a pair of spotted boxer shorts, and perhaps a tank top (commonly called undershirts) or T-shirt, on the basis that it “is underwear” (what makes ...
TylerDurden's user avatar
-3 votes
2 answers
293 views

Is it lawful to maintain different, independent dress codes for male and female guests to a business/venue? [duplicate]

Some venues/events will specify dress codes for each sex by defining the male code as smart casual and females should wear cocktail dresses etc. But what if these are less congruent, where females are ...
TylerDurden's user avatar
0 votes
1 answer
170 views

Offering to “settle” a criminal matter as a private citizen

Meet Alice. Bob has committed a crime against her and she commences a civil action against him, but the civil damages are minimal and Bob is unfazed and happy to pay them because continuing to commit ...
TylerDurden's user avatar
-3 votes
1 answer
354 views

What form of legal action is being taken by Ellen Elphick against the Royal ballet school?

Her accusations include body shaming and toxic pressure to lose weight but what forum would this be in and what type of procedure is it? What laws is it under?
TylerDurden's user avatar
-1 votes
1 answer
60 views

what is the time limit on seeking costs orders for county court judgments?

What is the usual manner for seeking costs orders for court judgments, and can it be done after the fact if another party had acted unreasonably yet one was unaware that costs orders could be possible ...
TylerDurden's user avatar
6 votes
3 answers
3k views

Are punitive contractual clauses enforceable?

Another answer suggests that in England and Wales they are not. But under what provisions wouldn’t they be? Why or why not?
TylerDurden's user avatar
1 vote
2 answers
131 views

Does Sch. 29 of the 2020 Coronavirus Act remain in effect or has it been repealed?

Corollary: if CA2020 no longer has effect either because it has been repealed, or because the prescribed period has simply expired, is there some reason why there has been no further updates to the ...
Frank's user avatar
  • 155
-4 votes
1 answer
95 views

Can one define custom penalties for copyright violations as the copyright holder? [closed]

Meet Bob, the creator of an intellectual work and holder of its copyright. He perhaps enrobes the software in a clickwrap style agreement which states: pressing continue signifies that you agree that ...
TylerDurden's user avatar
3 votes
1 answer
362 views

What is the significance of an invitation to treat?

I was just in a café and the menu board listed iced chai for £2.9 (hand-written, dry erase white board). When I went to order they charged me £4.6 on the machine. After posting it and realising what I’...
TylerDurden's user avatar
2 votes
0 answers
114 views

If one claims scientific justification for a belief do you lose protection for that belief under the Equalities Act?

This recent excellent answer discusses the Grainger test, and states: (ii) It must be a belief and not an opinion or viewpoint based on the present state of information available. Particularly, a ...
User65535's user avatar
  • 7,102
-3 votes
1 answer
116 views

Can a limited-days-per-week let confer a tenancy? [closed]

Alice has let a property to Bob but requires it to be available for herself on Saturdays and Sundays. (Or perhaps merely Wednesdays.) Can Bob in any circumstances then be said to have been granted a ...
TylerDurden's user avatar
-6 votes
2 answers
158 views

is the duty to make reasonable adjustments reflexive?

If Bob requests a reasonable adjustment from a member of a business’s staff, and they refuse on the grounds that they cannot do such things according to their organisation’s internal logic despite the ...
TylerDurden's user avatar
4 votes
1 answer
136 views

What does criterion 2 of the Grainger test mean?

The second criterion of the Grainger Test when ascertaining if a belief is protected under the Equality act is: The belief must not simply be an opinion or viewpoint based on the present state of ...
Comic Sans Seraphim's user avatar

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