Questions tagged [united-kingdom]

For questions specific to the United Kingdom. Note that the UK does not have a common legal system across its jurisdictions - consider using [scotland] or [england-and-wales] or [northern-ireland].

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15 views

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 are the minimal legal requirements for starting a tech startup in the uk?

I developed the MVP for my idea, want to start doing something with it. What legal stuff do I need to go through? I’ve spent all my free time of the past year to develop this application. It’s not ...
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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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Uninsured student cyclist under pressure to pay damages upfront before having the opportunity to seek free legal counsel [closed]

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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1answer
26 views

In Civil Procedural Pre-Action Protocol, are there time limits for the complainant to send further replies following an initial letter and response?

Let us suppose that a business A aggrieves an individual party B, and B has a limitation period of 3 years to bring forth a civil legal action. Within 10 months, they send a letter-before-claim ...
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2answers
1k views

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

I've been informed by a law firm that they are required by national regulations of the solicitors' authority to collect a landlord's name and address (not the address of the property in question, but ...
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1answer
61 views

Any cases in UK that the student is partly refunded with the student housing payments for not able to obtain a visa or other reasons like COVID?

Scenario: A student signed a contract with a Purpose-Built Student Accommodation (PBSA) in London, with the term starting Dec 2020. The student was not able to obtain the tier 4 visa on time. The ...
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1answer
45 views

What is the source for calling the panel in the JCPC 'the Board'?

For a long continuous line of case law, the panel deciding a case (or rendering advice to Her Majesty as to how to dispose of the case, technically) in the Judicial Committee of the Privy Council has ...
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1answer
40 views

Uk law: appoint decision maker for child after death

My partner and I are looking into options for appointing her sister as the primary decision maker in the unlikely event that we both die while our son is still young. We feel her sister would be the ...
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2answers
54 views

Does a purchase and refund count as a "significant transaction" for HMRC and Companies House?

Consider the following hypothetical scenario. Company A incorporates in the UK on day D. Company A makes a purchase to present a product at a trade show and gauge market interest. It attends the show, ...
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148 views

Why isn't Medical Malpractice covered exclusively by Contract Law? Why does Medical Malpractice involve Tort Law?

Correct me if I am wrong to distinguish between medical emergencies and non-emergencies. But here I'll focus on NON EMERGENCIES here Undeniably, physicians can refuse patients with good reasons — &...
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133 views

Can the police enter a property?

Suppose that Police officers came to the home address of a person A, looking for a person B who does not reside at our address. Suppose B is the adult child of A. Can they still enter the premises to ...
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291 views

Why did Lord Devlin bring up "the doctor accepted half a guinea for his trouble"? Don't NHS doctors receive consideration, even if patients don't pay?

In saying "the doctor accepted half a guinea for his trouble", Lord Devlin is giving an example of contractual consideration for the private doctor. Correct? I'm not British. If I ...
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1answer
71 views

UK house purchase lawyer not answering timeline/status questions

In the process on buying a property and apparently there is a mistake in the lease document and it has to be amended. Also I asked several time if there are other things to do in order to close the ...
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1answer
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Who adjudicates whether a Bill contains "any provision to extend the maximum duration of Parliament beyond five years" as per the Parliament Act 1911?

The Parliament Act 1911 (in the UK) gives the House of Lords different levels of power over a bill that has been passed by the House of Commons, depending into which of three categories the bill falls:...
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Options when contracted services being performed without reasonable care or skill

In England, under the 2015 Consumer Rights Act, services have to be performed with reasonable care and skill. So what is a good, but legal, course of action when it becomes apparent during the supply ...
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110 views

When does a threat become a crime?

This question is prompted by two cases: Richard Barnard was charged with conspiracy to blackmail after saying he would go on a hunger strike against LaSalle Investment Management, the company from ...
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123 views

Can a lawyer charge me before providing advice

Context: I am employed in the UK. Back in mid-July, I was prospecting for a lawyer to advise me on a new contract my employer wanted me to sign. One of the solicitors who replied to my email asked ...
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1answer
84 views

What rights and responsibilities exist with respect to mobile phone use and arrest?

It is in the news today that Wayne Couzens made an unlawful arrest of Sarah Everard in the process of her murder. If one found oneself in a situation where this was a possibility an obvious solution ...
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4k views

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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2answers
29 views

UK closed investment company for stocks

I am going to set up a closed investment company mainly for stocks (and eventually property) investments. Now, let's say I will invest in stocks and I will not cash out in the first tax year period, ...
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If a firm sponsors your GDL and LPC, and you then leave before doing the training contract, do you have to pay them back? (UK)

More or less all in the title. Presumably this might vary a bit between firms but I'm looking for an overview of what is the case in (a) magic circle firms and (b) other UK firms that offer ...
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84 views

Do UK government ministers have any redress under employment law when they are 'reshuffled' out of a job?

There has recently been a 'cabinet reshuffle' in the UK. A number of ministers have been removed from their posts and have seen a change in their status and salaries. Are these changes covered by ...
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Having Stylised Lower and Upper Case in a TM Name - does it matter?

Am currently looking to register a music artist name as a Trade mark. For example, if I was wishing to register a name like RipTide (capital T) as opposed to Riptide (lower case t) ...on the ...
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94 views

Are gender-quotas lawful for academic funding bodies in the UK?

Background I am an academic, working in the field of medical physics. The UK's National Institute for Health Research (NIHR) is a United Kingdom government agency which funds research into health and ...
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3answers
1k views

Can a contract be backdated to cover a previous gap?

I run a concession which trades on private property in the United Kingdom. My contract expired on 31 March 2021 and there was no correspondence to renew it. I have been allowed to continue trading, ...
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1answer
93 views

Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them in the UK?

Son confronts salesman for 'selling confused mum £6k doors' Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them? I am wondering if ...
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3answers
88 views

My landlord (in the UK) says i dont have to have a written agreement, is this correct?

My tenancy is an oral agreement and I wanted a written tenancy and my landlord is saying legally it is not necessary. He showed a website that also states it is not essential to have a written tenancy
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2answers
80 views

When there is a legal requirement for someone to be 'qualified and competent' to carry out a job, how would this be tested?

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were recently introduced in England and require that landlords carry out an inspection and testing of the ...
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3answers
1k views

Does res judicata prevent you from filing separate claims for different causes of action with overlapping facts?

(UK law, small claims.) This is a follow-on question to one I asked earlier. Splitting a claim into several small claims A reply to my question stated: You can only sue once on the same facts on the ...
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1answer
551 views

Public liability in the UK during building works on house

When building works are done on a house in the UK (specifically England, if it makes a difference), is the contractor who erects scaffolding required to have public liability insurance? If the ...
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55 views

Is transporting people into the countryside and leaving them a legal response for private security?

It is reported that three 16-year-olds were found without appropriate authorisation within the camping zone of Reading Festival, UK. Despite police telling festival organisers no further action would ...
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1answer
93 views

Is it legal that retail employees are threatened on a near daily basis (UK)?

My friend works in a 2nd hand electronics shop where often customers are less than happy at prices or quality of goods they received for whatever reason. These customers often will throw tantrums and ...
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1answer
58 views

Guarantor liability and e-signatures (UK)

I am based in the UK and have a tenant in a property that is not paying their rent. The tenancy agreement was signed in Oct 2020 and there are rent arrears for the last few months. I have a guarantor ...
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1answer
32 views

UK company A owns some listed shares. Can company A transfer the shares into company B as assets? What's the tax implication?

UK company A owns some listed shares (in a brokerage business account). Can company A transfer the shares into company B (same owner in both companies) as assets without selling them first? Is it ...
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3answers
238 views

Why are the owners of OnlyFans not arrested for profiting from child pornography?

Over the last three months, the BBC has been reporting about children selling pornographic images and videos of themselves on British online platform OnlyFans. They also reported that it was easy to ...
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1answer
257 views

Is spoken accent a protected characteristic in England?

It was recently suggested to me that the accent that one speaks with is a "protected characteristic" under English law in the same way that skin colour is. Is this true or false and can you ...
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2answers
1k views

Can I compel a retailer to provide order details (serial number)?

Around 10 months ago I purchased some ear buds from a very large and well known high street retailer. I have had gadget insurance for about 5 years and I am now trying to make a claim for loss for the ...
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1answer
125 views

Can the council cut down a tree I plant on common land?

This has been inspired by a previous question I have asked, but has not been answered. Please note that I have not actually planted any trees, this is just a scenario. :) Bob owns a house with a ...
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1answer
855 views

Is an email enumeration vulnerability a breach of GDPR?

I'm a software engineer and I'm often asked to implement version of a user signup flow or login that can be summarised as follows: User inputs their email If the email belongs to an existing user, ...
3
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1answer
69 views

UK Naturalisation while claiming benefits

I am an EU national and started thinking about naturalization. I heard that one of the criteria is that you must not have claimed benefits for more than 3 months in the last year. If I have, does it ...
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0answers
42 views

Selling from UK to EU as a private seller on an online marketplace with no IOSS number - what to do?

I would like to ask a question that relates to this existing question: Do new VAT rules apply to gifts from non-EU countries? Suppose I am a private, non-business seller on an online marketplace ...
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67 views

Is it legal to upload a photo from a private place without the subject's permission?

Last night we had a small gathering in my neighbour's front garden. Her next door neighbour took some pictures and posted them to Facebook. This is not the first time and in the past we have told her ...
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1answer
85 views

Legally "give" Intellectual Property without explict charge?

Summary: I'm an IT contractor, and have some self-made source code (my IP) to solve certain problems a lot of clients have. I want to legally "give" that IP to my clients, without explicitly ...
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1answer
40 views

UK Immigration: Impact of excessive single-trip absence (pandemic & personal situation) on future Indefinite leave to remain application

My wife intends to apply for UK Indefinite Leave to Remain (ILR) in Sep 2024 (10-year long residence route). However, there has been a recent big break in her stay in the UK due to personal & ...
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2answers
112 views

UK rental agency asking for full rent beyond the termination of its contract with the landlord

I have a rental contract that expires on September 15th 2021. Now I have been told by the landlord that the agency will not represent him anymore from 1rst September 2021. Still the agent requires ...
2
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1answer
98 views

Am I legally required to ask information to my housemates and complete Official Household Information Response on their behalf?

I'm Italian and I live in a shared house in the UK. I've received an e-mail from Cambridge City Council electoral services which starts like this: We recently sent a letter to ask householders to ...
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1answer
51 views

Names on second marriage certificates in UK

Assuming a woman was married before and assumed her first husband’s name and never changed it back after her divorce, if she marries again, would the marriage certificate show her maiden name or the ...
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1answer
58 views

Until how old can a child of a naturalized citizen get citizenship as a result of family reunification?

Bob is a citizen of a Member State B of the EU and is naturalized to be a citizen of the UK after the birth of his child. Bob had been living in the UK for 5 years before Brexit started, and has been ...
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96 views

Does UK law differ from US law on "Fake News" reports?

I understand how the American 1st amendment makes it hard to address fake news. However, I'm wondering about the UK? I understand that UK law is more permissive than the US First Amendment and that ...

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