Questions tagged [england-and-wales]
Questions specific to England and Wales
1,043
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Must the DPP necessarily, and is it typically, informed of prosecutions undertaken by parties other than itself?
The fundamental curiosity underlying this question was piqued by this provision:
https://www.legislation.gov.uk/ukpga/1985/23/section/6
And a wondering as to how often it is invoked, which raises two ...
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If one is charged with a crime and then get acquitted, can they be awarded any costs?
If you get convicted, then generally you have to pay something toward the prosecution costs. But what if you prevail in upholding your innocence? Does the street go two ways?
And does the answer ...
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Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?
In court, a legal representative may be conducting the case and calling witnesses and cross examining the other side's witnesses.
Are these representatives "sworn in" under oath?
As they ...
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Is there any statutory timeframe for how long one may be forced to wait for a Care Act 2014 need assessment?
If one is left in housing limbo having applied to a local authority as homeless for an unreasonable amount of time (I've heard it may be six months), one may be entitled to thousands in compensation ...
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What is the role of barristers?
A recent question apparently mischaracterises the role of a barrister as "merely to study their instructions and perhaps an exhibit bundle that is readily prepared from them and then to draw on ...
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How did the “American rule” as to legal costs originate?
At some point the US diverged from its common law ancestor, the English system, and the respective divergences came to be known as the American and English rules. The American rule is that parties ...
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Can litigants in person claim other costs than their time?
Suppose an in person litigant wins their case. Now suppose they wish to seek costs from their counterpart. Typically this is assessed at £19ph. But what if this litigant was disabled, for example ...
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Even when English law lets suspects to remain silent, when ought Suspect choose to talk to the police without a lawyer? [closed]
Presuppose that at the time of stating something to the police, no lawyer represents Suspect, and English law lets suspects exercise the qualified right to silence. Unlike in USA, in England,
Where a ...
user49290
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What were the primary instigatory forces behind the 2016 improvements to the Housing Act 2004’s rent repayment order regime?
It is often cited what the reasons are behind the changes brought in 2016 to the regime. But which forces had brought the shortcomings that the regime was proving to have statistically and in practice ...
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What rule governs when county court decisions result or don’t result in written statements of reasons?
I recall reading that at the circuit judge appellate level, the answer is yes. But I’m more wondering specifically about the district judge or deputy district judge level of first instance.
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Boundary Fences UK: What Comes Under Class A, Part 2 Schedule 2 of the General Permitted Development Order 2015 (Amended)?
Edited Question for Improvement
What residences/businesses come under Class A, Part 2 Schedule 2 of the General Permitted Development Order 2015 (Amended)?
I am looking into the defintion of Free ...
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Why do we have a written and reasoned judgment of Bower v Brewdog?
I thought that in general, cases at the county court level are decided summarily, unless and until they get appealed to, e.g., the circuit judge.
Yet, Bower v Brewdog appears to have been judged by a ...
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What does the citation YEAR Misc NN mean?
The case Bower v Brewdog bears at the top of its bailii page a citation, [2019] EW Misc. 16 (CC), which I would like to break down to. understand.
I assume that CC is an abbreviation for County Court (...
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Can county court judges have separate jobs in private firms as solicitors?
Suppose a solicitor in a private firm is appointed as a judge. Are they allowed to continue working as a solicitor in a parallel private capacity? What provisions exist in the way of mitigations to ...
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Can a private person deceive a defendant to obtain evidence?
In the 2019 movie "Badla" (spoilers ahead), Naina was accused of committing a murder in the UK, and her trial is in London. She denies the accusation. Her clever lawyer Badal arrives and ...
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How rarely do costs not follow the event?
There is a classic textbook case held up as an exceptional demonstration of how the two are not strictly coupled, where one party prevailed and won £25000 damages or thereabouts but because the ...
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What does it mean for a hearing that has been listed to be “vacated”?
Does it more strongly suggest that it will have been dispensed with finally, or that it will be rescheduled/relisted for another date?
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What is the appropriate court for an action relating to a breach of the Human Rights Act 1998 (HRA)?
See Why must claims against the police for human rights act breaches be brought within 1 year?
If a public body acts contrary to one’s convention rights, what is the appropriate court in which to take ...
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What is the effect of FTT judges also “being” county court judges by virtue of s5(2)(t) CCA1984?
Under section 5(2)(t), County Courts Act 1984, judges of the tribunals are stated to be also judges of the county court. What does this mean in terms of effects? What consequential implications does ...
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Where do bailiffs store seized goods prior to auction?
Is the answer to this legally regulated? I would expect yes quite closely so, but do not Know.
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Is TfL bound By their pledged fare freezes?
Is TfL bound in any way to honour their pledged fare freezes to the public on advertising billboards even though there is no contractual loss or consideration? What are the pledges legal status and ...
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Does a litigant in person refer to their opponent’s barrister as their learned friends?
Title says it all. What does a lay litigant address their opposing barrister as in court?
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Council Tax Rebate was sent to the wrong person
I have been renting a London flat since May 2021 and I had informed the council about the move. I even contacted them later on for other issues (environmental and nuisance). When I first moved in, I ...
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What's the difference between a body corporate and a corporation sole?
One of those instances where unfortunately there's not much to expand in this question apart from what's in the title.
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Why must claims against the police for human rights act breaches be brought within 1 year? [closed]
The standard limiation period is 6 years. So why are human rights act breaches - supposedly more serious than other matters - confined to one year?
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What was the original idea behind the practice of courtroom wigs?
English judges and barristers have for a long time had to wear wigs. What was the intended implied message by the object aesthetic? What was the look of a judge or advocate wearing that type of ...
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Is there a fee payable when applying to a First Tier Tribunal for recovery of a prohibited payment?
If so, how much is the fee? Tenant Fees Act 2019 provides a special procedure and form TFA1 to recover banned fees, but must one pay a fee to file such an application?
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What is "distress," as in "distress for rent"?
There have been several distress for rent acts in the 17th and 18th centuries, which provide a right for distress. What is the nature of this right and the origin of its name?
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Can courts consider hansard transcripts in interpreting statutes?
When a court is trying to decide the meaning of a law, can it consider the discussions which begot it?
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Was the effect of s19 HA1988 replaced by anything when the Tribunals Act 2007 repealed it?
Section 19 Housing Act 1988 used to state:
Restriction on levy of distress for rent
(1)Subject to subsection (2) below, no distress for the rent of any dwelling-house let on an assured tenancy shall ...
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What is/was a court of "judicature," and how is it named?
Supreme court of judicature etc. I feel like it may even still be a thing in Scotland, but you see it in older EWCA decisions. What does the word mean and what does it note to qualify a court's name ...
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Why do tenancies seem to be treated as such a sacred and weighty construct under English law? [closed]
It's easy to imagine all kinds of simple answers appealing to the profundity of what it means to own or control land, but honestly in the post-Thatcher era of S21 no fault possessions, one's ...
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On what basis is every Englishman presumed to know the laws of his country?
In a previous question's answer, @motosubatsu quoted a passage from James Bigg, Esq. stating this as a "legal axiom."
Where does this perception arise from?
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What was the impetus for the Offences Against the Persons Act 1861?
Why in the mid nineteenth century of all times was there seen to be an overhaul of the provisions which surely existed in other forms previously barring such age old offences as assault/rape/murder/...
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What is the legal definition of a day of pay for someone on an annual salary?
Background:
A friend of mine was recently let go from a job. They negotiated for their notice period plus 8 day's pay (the 8 day's pay was called a 'termination award' in the payslip). The job was 5 ...
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At what stage in history did intervention of courts become required for tenant evictions?
In England and other common law jurisdictions (I assume throughout most of the world in fact) a tenant doesn't automatically lose entitlement to their home once they stop paying rent for whatever ...
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Why did French have such a lasting influence on the English legal lexicon?
It seems so pervasive but, still confusing that we don't simply use French altogether for legal purposes, which I suppose was done at one time. But why were certain terms kept from French, while the ...
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Do companies have a legal right to force you to use their server after you have purchased their hardware?
I have purchased several "Internet of Things" devices that, by default, come with an app that lets you turn it on and off. They use normal WiFi to communicate and are screwed into the walls ...
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Legal "we": when is it appropriate to use "we" in legal correspondence?
Similarly to how a party's representative is often referred to in the third person as "solicitors," it seems often that in legal submissions and other correspondence, individual solicitors ...
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What determines whether or not legislation is re-printed (or digital equivalent) to integrate added or modified provisions?
Sometimes one finds a reference to section 8zb of a law, and proceeds to refer to the law on legislation.gov.uk, only to realise that there is apparently no section 8zb there. One then has to google ...
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Why are inserted legislation section identifiers often preceded by a "z"?
Many times, in UK legislation, the structure is of numbered sections, like 1., 2., 3...
Sometimes a subsequent act will insert sections that append lettered suffixes to the numbered section ...
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How are first tier tribunal case reference numbers formulated?
Here is an example of a first tier tribunal case reference number: BIR/00CN/LVE/2012/0001.
The case being Scriven & ors v Calthorpe Estates & ors.
In the reference, the first section appears ...
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Why is Rakusen v Jepsen cited in that order?
Rakusen v Jepsen is a high profile Rent Repayment Order (RRO) application case, in which the Applicant’s name typically comes before that of the respondent when the case is referred to. In this one, ...
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Is it common/normal for barristers of the same chambers to represent opposing sides in a case?
The case of Rakusen v Jepson was recently heard in the UKSC. Appellant Rakusen was represented by Tom Morris of Landmark Chambers, the respondents meanwhile by Edward Fitzpatrick of Garden Court. ...
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What is the basis for the convention of referring to representative solicitors in the plural?
Often a party’s representative seems to be referred to in formal legal contexts as their “solicitors”, even when it appears to be a single individual who is managing the case on the party’s behalf. ...
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What does it mean that one may go by whatever name they like by English law?
It seems to be a long-standing and fairly fundamental perception in English law that people may assume or use any name they so like. I’ve seen this discussed in House of Lords decisions, possibly also ...
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Does the 6th April 2023 date for reduced CGT personal allowance apply to date of sale, or exchange of contracts?
We are selling a rental property and as such Capital Gains Tax (CGT) applies on profits. On 6th April 2023, the personal CGT allowance is being reduced from £12,300 to £6000.
Our sale is likely to ...
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What is the closest American analogue to the Care Act 2014?
Does the United States have any near equivalent to the Care Act 2014 that guarantees some degree of provision of care to people with care needs?
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Interpretation of 'wrongly detained' goods in English law
If a party applying for a court order alleges that another party has 'wrongly detained' goods, how can/should this be interpreted. It was written in the context of:
Given that defendant has wrongly ...
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Must all accidents be reported to your insurance company in the UK?
Disclaimer - This is a follow on question from the previous one I asked on whether it is a crime to fail to stop.
Let's say I have some sort of minor damage to my car, such as a scratch/dent from ...
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