Questions tagged [scotland]
The scotland tag has no usage guidance.
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Would I be breaking Scottish law if I padlocked a gate to a business [closed]
A large multinational has not paid invoices, (now a year overdue). I have contacted them on multiple occasions only to have emails go unanswered and calls disconnected.
Would I be prosecuted if I ...
3
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1
answer
116
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Extent of English courts' jurisdiction for perversion of the course of justice?
What is the territorial extent of the English courts' jurisdiction for the (common law) offence of the perversion of the course of justice?
The English Crown Prosecution Service's guidance on this ...
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0
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150
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An English magistrate's search warrant is authorised by a Scottish sheriff for execution in Scotland. What statute governs its execution?
An English magistrates' court grants English police a warrant to search premises in Scotland under section 8 of the Police and Criminal Evidence Act 1984. Execution of the warrant is then authorised ...
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0
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120
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Could it be illegal to register ones child at state school when one has no intention of sending them?
It is in the news that a "parent action group" on Facebook is encouraging members to register at state schools even if they don't want to take up a place. This is a protest against Labour ...
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1
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In Scotland, when can police retain key legal documents of a suspect after an arrest?
Can the police hold and refuse to give back a legal document after arrest that would allow a citizen to claim asylum in another state even though their life is likely to be put in danger?
0
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What would be the legal situation had Xander Elliards been arrested under the Section 20 of the Police and Fire Reform Act
It is in the news that Xander Elliards, a journalist reporting on a protest was threatened with arrest. There is a video of the encounter on twitterX. As I see it the relevant facts are:
The ...
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3
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1
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388
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What processes exist for ensuring high quality judges and judgements? (UK)
Specifically with regard to the level of district judges in England & Wales (and sheriffs in Scotland?), what means and methods - if any - are used for 'quality control'?
Are judges regularly ...
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Jurisdiction of the Scottish criminal courts (multi-jurisdictional case)
Recently, the Hate Crime and Public Order (Scotland) Act 2021 came into force. The author, J. K. Rowling, on X (formerly known as Twitter), asked the police to arrest her if she had violated the law. ...
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3
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1
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173
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When a company is sold, can existing customers opt out of contract with the new owner? [duplicate]
A letting agent with which I have had a contract for many years was bought out by a competitor around 18 months ago. The new owner never updated the management agreement to reflect the change of ...
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2
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90
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What should the division of payments be for insurance on a listed building where each flat is of a different value, size, shape and height in Scotland
My flat is at the top of a listed building, in Scotland.
I have been paying less to our communal buildings insurance, as verified by our factor.
We now factor the building ourselves and the other flat ...
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0
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66
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Rent increase under Scotland's temporary rent cap
I have a private residential tenancy (PRT) agreement and have been renting my apartment for over 12 months. Under a PRT, a landlord can increase the rent no more than once a year and must give a ...
2
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2
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Who owns a dog purchased by one person and registered with the Kennel Club by another?
If Bob purchases a dog with his own money, and his wife Alice, with his permission, registers the dog with the Kennel Club, who owns the dog?
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What are the territorial scopes of sections 4-5 of the Public Order Act 1986?
Sections 4, 4A & 5, Public Order Act 1986 contain offences, do they apply only to England and Wales, or do they also apply to Scotland or Northern Ireland?
2
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1
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171
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When did unpasteurised dairy become illegal in Scotland?
Apparently the sale of raw/unpasteurised dairy in Scotland is fully prohibited.
What legal instrument renders this to be the case, and when was it introduced, and what was the position previously?
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3
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123
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Has no-fault eviction of residential tenants ever previously existed, even in places where it no longer does?
In England this didn’t previously exist until being introduced under s21 of Thatcher’s capstone legislation the Housing Act 1988. This applies to England and Wales until it was superseded in the ...
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1
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Home ownership burden of insurance in Scotland
I'm considering buying a home in Scotland for cash, with no mortgage. The home is an apartment. The property is freehold, which means it's outright ownership with no leasehold or anything like that. ...
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1
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What are the cross-jurisdictional effects of British police powers?
I believe that an officer of the Metropolitan Police or British Transport Police could just as easily arrest a person within the City of London (which has its own police force) as one of Surrey police ...
3
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1
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119
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What is the legal situation if the police "request" a crowd disperse?
There has been some trouble in Auchinleck, East Ayrshire. This is described:
Det Insp Louise White of Ayrshire Division said: "An investigation is under way following an incident of large-scale ...
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1
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152
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Is the reasoned verdict or sentencing remarks of Andrew Miller available to read?
Scotland cross dresser Andrew Miller has just been sentenced to 20 years imprisonment for abducting and abusing a young girl. What judicial materials are available from his case and where can they be ...
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1
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157
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Is "proven" always pronounced "prohvun" rather than "proovun" in Scottish legal contexts, or only when referring to verdicts?
In Scottish criminal trials, the verdict can be guilty, not proven, or not guilty, and in this context the word "proven" is always pronounced "prohvun" and never "proovun"...
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1
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253
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What can I do about illegal parking? Semi-peaceful protest, Scotland [closed]
There are cars that park on the pavement on my street. It's been an issue for years. If there are bins out then the pavements can be unpassable for people walking and the pavement is always completely ...
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1
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124
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What enforcement action can be taken against a small claims court respondent?
I recently applied for Simple Procedure (Form 3A) against respondent X at Edinburgh Sheriff Court. (My claim was initiated prior to 31 May 2023.) X did not respond by the deadline. Then I submitted an ...
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0
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How full/traditional does one's highland dress need to be in order to exempt the carrying of a Sgian Dubh/similar style of knife? (UK)
My work uniform consists of a polo shirt and sweater, but with leg wear of our own choice. So if I was to wear a kilt, sporran, hose and flashes, would that be sufficient to allow me to wear a Sgian ...
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2
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417
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Could Scotland Hold an Independence Referrendum Under The Claim of Right?
The Scottish Claim of Right makes clear that the people of Scotland are Sovereign, not Westminster.
However, under the rest of UK law, Westminster/Parliament is Sovereign.
Given the Supreme Court has ...
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1
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The Social Action Responsibility and Heroism Act (England and Wales)
Is there an equivalent law in SCOTLAND and NORTHERN IRELAND to The Social Action Responsibility and Heroism Act 2015 (England and Wales)?
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Is mooning people in the UK legal?
If one pulls down one's trousers and underwear to expose one's buttocks but without intention to expose any part of one's genitals, for the purpose of conveying one's disapproval and irreverence to ...
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0
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Is (at least) 28 days and a sheriff court order always required to evict a Scottish common law tenant?
The one guaranteed condition is that the tenant does not live with their landlord. Regardless of what the tenancy agreement says, is a court order always required to evict such a common law tenant?
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What type of tenants' rights does a student renting from privately-independently owned student halls have?
Suppose a private student housing company maintains student halls for students to book into and live in, but they only accept bookings from university students, though they will accept students from ...
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1
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129
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Is there any lawful reason for a prospective landlord in Scotland to inquire of a potential tenant's nationality?
There's not more to this question than is in the title, unfortunately. As there is currently no right to rent procedure outside of England and Wales, does such a question but reek of unlawful landlord ...
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312
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Influence of Scots Law outside Scotland (especially in the US)
The United States legal system is largely based on Common Law, although some systems (e.g. Louisiana) have elements based on European Civil Law. However in the United Kingdom there is another ...
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Is there any part of the island of Great Britain which is not in England & Wales or Scotland?
Is there any part of the island of Great Britain which is not in England & Wales or Scotland?
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Legal provisions to delay a repair and buy time to access free legal counsel
An uninsured student cyclist collides with a company van, damaging it. The company owner is minded to allow his insurer to seek damages from the student, but agrees with the student that the student ...
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What constitutes a "proportionate means of achieving a legitimate aim" in the Equality Act?
Recently, an amendment was made to The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021, which requires particular venues to check that their customers are fully vaccinated, ...
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How long can someone sleep over at someone else's rented accommodation?
In Scotland, how long can a person legally sleep in another person's flat without being a tenant?
I expect that spending one night at a friend's is totally permissible, but being allowed to live there ...
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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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155
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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&...
user20860
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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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0
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Can verbal statements and advertising literature be considered in addition to a written contract during dispute?
I was wondering if there is precedent for aspects such as advertising literature and verbal statements being considered in a contract dispute, even if not included in writing?
To give a specific ...
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Whether to enter a Scottish address on a UCAS application to a Scottish course when gaining work experience+eligibility for it in England
If one has resided in Scotland until graduation in Summer 2020 and worked in England since then for the purposes of gaining eligibility to a postgraduate Scottish course, is it permitted to enter one'...
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Argument on possible defamation after court acquittal
I have been discussing some reporting of a high-profile trial with some colleagues.
We disagree on one point.
Background: High-profile figure acquitted by a Scottish court of a number of sexual ...
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If police come to my house with a warrant for my arrest, can they break in?
Suppose police have a warrant to arrest me for a minor offense, like failure to pay fines.
If police come to my residence and I quietly hide they go away.
If they see me at the window or I speak ...
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1
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Could a Scottish court 'block' a parliamentary shutdown?
It has been reported recently that a group of UK parliamentarians have petitioned the Scottish Court of Session, the top civil court in Scotland, to grant an interim interdict and an emergency hearing ...
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UK Courts Question: What was the judges final decision that may be cited as precedent in these cases?
Sheriff Court at Kirkcaldy: David Boyack v The Royal Bank of Scotland ( this case was referred to in the "Office of Fair Trading (Respondents) v. Lloyds TSB Bank plc and others (Appellants) and ...
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Compensation for custody awaiting trial resulting in acquittal?
I was accused of a crime and held in custody for 8 months then acquitted at court, I missed the first 8 months of my only child's life, and lost both my job and my partner. Could I be entitled to ...
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What does it mean that Scotland is a civil law jurisdiction?
I have learnt recently that Scotland is a civil law jurisdiction (when it comes to private law at least), but one that doesn't have a civil code.
I have also been taught that the main difference ...
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What crime has someone committed if they "kill" someone who is already dead?
Was watching a police drama (a classic "Taggart" episode) where this was a plotline.
A wife shot her husband while he was "sleeping", and subsequently confessed to his murder. Yet (this being ...
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Should an employee be made to pay for mandatory training in the uk?
I work for an agency in the uk and the zero hour contract staff are charged for yearly mandatory training by the company. Other agencies appear to not ask for payment for the training or take payment ...
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Heraldic Law and Jurisdiction of armorial assumption
In countries where armigers (persons or corporations bearing a coat of arms) must prove their entitlement to such (eg. most legal traditions within the UK, Canada, and other Commonwealth realms) what ...
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Is agreeing in a pre nup to get divorced in Scotland legally binding?
Unfortunately one or both of you decide to divorce and you had agreed on a pre nup that you would get divorced in Scotland because you feel it handles divorce more fairly.
At least one of you is ...
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Is it possible for appellant to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal?
Appellant wants to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal. Is it possible? It is stated that the Sessions ct judge did not give ...
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