Questions tagged [england-and-wales]
Questions specific to England and Wales
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Are there any opportunities to Socratically question an opposing counsel on their legal arguments in a civil trial?
According to this answer,
https://law.stackexchange.com/a/90414/48046
Opposing counsel was called as a witness for examination in the American scopes trial.
Is such a practice allowed in English trial ...
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2
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Is cross examination strictly confined to the subjects that the original examination pertained to, or can the opposing party make their own points?
Pretty straightforward question, really: what are the topical constraints of cross examination with reference to examination?
Suppose party A calls witness W to the stand to ask them questions about ...
2
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What sorts of “necessities” could married women enter contracts for?
A recent answer by @Ohwilleke on the historical status of married women lists the limited types of contracts they could enter into.
One of these of those for necessities. What is referred to by this?
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Are there any crimes or civil wrongs in disingenuously wasting another’s time?
Suppose that one phones you and states that they have a Nigerian princes inheritance which they would like to arrange to send to you.
Or that they would like to donate some money to your organisation ...
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How do lower level (county or magistrates) courts in the City of London differ in their jurisdictions from those in the surrounding boroughs?
Because the City of London has certain aspects of municipal autonomy, are there restrictions on their equivalence with the rest of the county or magistrate court system? In general any county court ...
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In a civil trial, can a party “call” its opponent’s witnesses in making its case?
I mean, as opposed to merely cross-examining them in the course of the opposing side’s presentation of their case.
A closely related question asks of calling the defendant itself, though not its ...
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In a criminal trial, what is the sequence of proceedings? [closed]
Does the prosecution advance their own case first, calling their witnesses, examining them before the defense cross examines them, all before the defense then presents their case, calling each of ...
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What does it mean that the RPT tribunal member in this case was “also sitting as a district judge of the county court”?
In this case one of the tribunal judges is indicated as having been sitting as a judge of the county court, even though the claim had been brought in the first tier tribunal of residential property.
...
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How does a body corporate get sentenced for criminal offences?
Some criminal offences specifically state that if they are committed by the officer of a body corporate then they along with the body corporate itself may be simultaneously processed against as well ...
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Is there a practical way to see the actual rulings/reasons/considerations that resulted in the litigation bars in effect against vexatious litigants?
There is a register of bans available at https://www.gov.uk/guidance/vexatious-litigants, but it is just the barest list of names. Where can one find any more details on each of these cases?
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Do all legal persons have human rights?
For example, a corporate legal person can be proceeded against with criminal charges. Instinctively, one would be inclined to apply such "human" rights as that to a fair trial in protecting ...
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How did the right for peers to be tried by peers end in 1948?
In another question's comments is claimed that the right for aristocratic peers to be tried by their own kind had ended in 1948. How and why did it end then?
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Can private prosecution be brought against anoymous identifying placeholder?
In a civil case, the proper name of the defendant need not be known and it can simply be filed against "the individual with this phone number" and their identity possibly later subpoenaed ...
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Can one elect one's style/title of address in judicial proceedings?
If one wishes to be referred to as "Dr. Franklin," "Lord Jones" or "Lady Smith" (or Sir, or Dame) but does not actually possess the title, will judges use these titles in ...
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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 ...
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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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2
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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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275
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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 ...