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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Appealing a verdict due to the lawyers being incompetent and or failing to follow instructions?

Pretend there is a criminal court case against a defendant in England and Wales. The instructed solicitor from a firm, and barrister from a Chambers, do not follow the defendant's wishes regarding a ...
0 votes
1 answer
20 views

Sentencing Guidelines UK

My cousin was arrested for fraud by misrepresentation in April this year, and possession of an article in use of fraud. Now she was asked by a friend to help her withdraw her own funds from the bank ...
2 votes
1 answer
39 views

When did the American and British naming conventions for legislation diverge?

American laws seem to be named as, for example, the Trade Act of 2002, while British Acts of Parliament seem to use the same naming convention, except without the word "of" preceding the ...
-1 votes
1 answer
64 views

Who owns the IP for some software that I created in my spare time? Employee or Employer?

I am employed as a designer in the UK by a UK employer. I do not work for a software company. On my own machine on weekends I created my own software that I believe my employer would benefit from. I ...
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2 votes
1 answer
145 views

Are there countries which neither extradite to the UK nor prosecute the accused themself?

Despite an alleged crime meeting the double-criminality requirement, are there any countries that would not extradite a British national back to the united-kingdom nor prosecute the accused themself? ...
3 votes
2 answers
279 views

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 ...
0 votes
1 answer
128 views

Would it be illegal to forward CCTV footage of someone committing a crime to their employer? (UK)

An incident has occurred where an individual in a private business committed an offence (common assault/battery). As expected the police seem fairly unmotivated or interested however a quick Google ...
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-3 votes
0 answers
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Planning for Signs and Attachments on Fences [closed]

There is a 2m height restriction on border fences in the UK. Can signs attached to a fence, pointing into the victim's garden, exceed the height of the fence resulting in a total height exceeding the ...
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-4 votes
1 answer
100 views

Mental Health and Planning

There is a 2m height restriction on border fences in the UK. Can the council allow that planning restriction to be circumvented if the perpetrator is claiming to have mental health problems? Can they ...
  • 141
-5 votes
1 answer
82 views

Circumventing UK Planning Law For 2m Boundaries

Are these legal ways for a council to avoid dealing with the 2m boundary restriction for planning? Only measure the fence months later (where the perpetrator has delayed it that long) when the ground ...
  • 141
1 vote
1 answer
97 views

Can a Housesitter allow a bailiff entry to a property?

This question fairly closely relates to the below linked question, but does differ in it’s question. Legal standing as a house-sitter during a bailiff visit Suppose a high court writ has been received ...
6 votes
2 answers
2k views

May I add additional lyrics to a copyright song without claiming any ownership?

A copyright holder has flatly refused my request to add additional lyrics to one of their songs, for use in a private congregational church setting. Does this mean it is simply illegal? I have seen ...
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0 votes
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When exactly does UK self-assessment tax accrue?

In the UK, "Self-assessed income tax (for those who pay by instalments) will be deemed to accrue evenly over the tax year in which the relevant accounting period ends. The accrual will be based ...
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0 votes
0 answers
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Remaining tax resident in the UK while spending less than half the year in the UK [migrated]

I'm a UK citizen. So far this tax year, I have been outside the UK for approx 3 months. I now plan to be abroad again, and expect to stay outside the UK for the remainder of the tax year (until 5th ...
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1 vote
1 answer
50 views

Interim Charging Order on Property was never changed to a Final Charging Order

If an Interim Charging Order on a property was never updated to a Final Charging Order can I get it removed? It has been over 13 years. Edit to add more detail. The creditor managed to sneak the ...
2 votes
2 answers
125 views

What should a contract contain to protect an employees rights to work on unrelated side projects in their free time? [duplicate]

What should a contract contain to protect an employees rights to work on unrelated side projects in their free time? Assume UK employment law.
4 votes
1 answer
559 views

In 2012, why did Toronto Canada lawyers appear in London, before the Judicial Committee of the Privy Council?

Michael Currie wrote that the JCPC heard its last Canadian appeal in 1959. Brooke LJ wrote In the edition of The National (the newsletter for the Canadian Bar Association) for June-July 1995, Robert (...
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1 vote
1 answer
78 views

Is selling program / liking bot legal?

Would it be legal to sell a program / bot that log into a website account and like others posts? Is it legal on the assumption that user is responsible for use of that program (getting ban is his ...
0 votes
2 answers
145 views

What should a contract contain to protect an employees rights to work on unrelated side projects in their free time

A typical IP clause in an employment contract says that works created "during the course of your employment" belong to your employer. This is essentially echoing the "work for hire"...
0 votes
1 answer
125 views

Is it possible to sue a UK national from the USA?

Plaintiff is a U.S. citizen living who spent a year as a student living in the United Kingdom. During that year she was the victim of a sex crime. There may have been a criminal trial, and the outcome ...
8 votes
2 answers
801 views

What was the significance of the word "ordinary" in "lords of appeal in ordinary"?

The law lords of the House of Lords were formally known as the lords of appeal "in ordinary". Most of that phrase other than the final bit is self explanatory but the use of the word "...
12 votes
1 answer
3k views

Why was the house of lords seen to have such supreme legal wisdom as to be designated as the court of last resort in the UK?

Indeed their judgements seemed often to be quite sage, insightful, and eloquently given. But why would that tend to be the case? As I understand it, to become a lord, one must inherit a seat through ...
5 votes
3 answers
173 views

Do countries which ceased to exist de facto continue to "exist" de jure in some jurisidictions?

I.e. Russian Empire, which was obviously recognized by the UK and the US, ceased to exist de facto due to a revolution. It was de facto succesed by the USSR, but the USSR wasn't a legal succesor. ...
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1 vote
1 answer
59 views

Does the Law Society (UK) state a recommended time to leave between exchange and completion?

I read the following on a solicitor/conveyancer website and out of curiosity was looking to see if this really is true: The Law Society Conveyancing Contract states you leave 20 working days between ...
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2 votes
1 answer
83 views

Do I recover legal cost if I win a long hedge trees UK court case?

UK law My neighbor has very long hedge evergreen trees, blocking the sun to my house and lots of its dried leaves cover my garden, few neighbors around are also affected by these trees. I spoke to my ...
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3 votes
2 answers
278 views

Is it against the Computer Misuse Act to bypass a client-side paywall?

A common practice among news websites is to provide articles online, where an initial portion is freely viewable, and the remainder requires an active subscription. However, on numerous occasions, I ...
6 votes
1 answer
93 views

Can CCTV cameras share an IT network in the UK?

I've just had a conversation with a company who are a "Security Systems and Alarms Inspection Board accredited intruder alarm system installer", who told me that their CCTV cameras and ...
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1 vote
0 answers
113 views

How can a Ukrainian refugee be evicted? (UK)

A close family member has offered to provide housing for a refugee. This was arranged via the council (in other words, the refugee's previous sponsor had been unwilling to continue to host them). For ...
0 votes
1 answer
92 views

Convictions for not doing age verification check for selling alcohol

The following questions are about selling alcohol in the United Kingdom. Has anyone ever been convicted by a court for the only reason they did not do an age verification check? What evidence would ...
4 votes
1 answer
2k views

Law about adult video websites retaining actors' PII

Pretend there is a British person in the United Kingdom (England & Wales jurisdiction), that for some legally justifiable reason needs to obtain the name (and other information) of a female adult ...
2 votes
1 answer
167 views

Taking phone from rape victims?

I read in a recent news report that victims of rape would no longer be required to surrender their phones to police for a "digital strip search", however the alleged perpetrator would. The ...
13 votes
2 answers
4k views

Can I ask for a Judge Trial - UK

In the UK, at least by my understanding, most trials are heard in a magistrates' court without a jury. Only the most serious crimes are heard in the Crown Court and require a jury verdict. However, if ...
15 votes
2 answers
4k views

Why are injuctions being taken out against climate change protest groups?

In the UK over the past couple of years, there have been spates of climate protest groups (Extinction Rebellion, Just Stop Oil, etc), causing public nuisance, including: Gluing themselves to road ...
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2 votes
4 answers
294 views

Is it lawful to offer smaller portions only to children below a certain age, by calling it a "children's menu"?

Suppose that one is ordering from a restaurant that offers full portions for £11 or half-sized portions on a section of the menu designated as for kids for £6. But suppose that one is over the ...
0 votes
1 answer
112 views

What laws cover offences against those with various sets of protected characteristics?

The Equality Act 2010 legally protects people against discrimination, harassment or victimisation based on nine "protected characteristics": age disability gender reassignment marriage and ...
1 vote
1 answer
98 views

Did the Manchester consulate Hong Kong independence protestors commit a public order offence?

Protestors recently gathered outside the PRC consulate in Manchester raising a photoshopped portrait of President xi in a noose. Would this have been tolerated had it been king Charles outside of ...
2 votes
1 answer
75 views

What legal rights do I have after paying a deposit for some building work?

I recently got some quotes in for refitting the garage door on my house. This obviously involves the builder making a substantial one-off purchase of a door to my specifications which he is going to ...
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3 votes
1 answer
97 views

Am I allowed to use US web hosting according to GDPR

I live in UK, and I own a super simple website (web blog). The users of my website are not required to log in or provide any kind of personal information, they are just readers of my content. I used ...
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-2 votes
1 answer
56 views

Why do some data controllers require two forms of ID and others only one?

Meet Bob. Bob has submitted a number of subject access requests to various data controlling bodies, including businesses and several police forces. Some police forces simply require scan of id with ...
2 votes
1 answer
98 views

Who determines whether a deceased person's property can be sold without probate? [closed]

My Grandmother died earlier this year. She lived in a property from 1960 onwards with her husband (my Grandad) who died in 2019. They had one child (my Dad) who died, unexpectedly, in 2017. My Dad had ...
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6 votes
2 answers
187 views

What responsibility does a museum have to a protestor who glues themself to the wall

Can the museum leave the protestor glued there and leave for the night? Edit: it appears that 4 days after I posted this questions, a Porsche showroom locked the protestors inside after turning off ...
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-3 votes
2 answers
207 views

What would be required to overturn the Grainger test?

It seems to me the Grainger test seriously risks politicising the judiciary, leaving them to decide, quite undemocratically, in fact, on behalf of the populous what types of beliefs are or aren't ...
2 votes
1 answer
59 views

Definition of "religious belief" under the UK Crime and Disorder Act 1998

The UK's 1998 Crime and Disorder Act defines "religious group": In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious ...
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1 vote
1 answer
105 views

What is an example of indirect discrimination?

In another answer @JBently IIRC explained that if one was to offer only urinal facilities but no toilet stalls this would be indirect discrimination as it would have the effect of unfavorable ...
1 vote
0 answers
72 views

What parties are obliged to make "reasonable adjustments"? [closed]

There is a legal phrase reasonable adjustment that refers to various parties duty to adjust their interaction with disabled people for the latter's ease and practicality. What types of parties are ...
5 votes
0 answers
149 views

Is it legal to format shift / strip DRM in the UK?

Suppose I have lawfully purchased an ebook for myself, on a permanent basis. Section 28B "Personal copies for private use" of the Copyright, Designs and Patents Act 1988 seems pretty clear ...
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5 votes
1 answer
82 views

Do I have copyright in a semi-diplomatic transcription?

I'm a member of a small team of volunteers who have transcribed and translated several 17th century documents (in abbreviated Latin). The documents obviously are long out of copyright (if copyright ...
0 votes
1 answer
52 views

Practical GDPR guidance for online businesses

When you start an online business, or even just create a website, there is a lot of confusion on what needs to be done to comply with GDPR. As many online resources (including StackExchange) suggest, ...
-4 votes
1 answer
148 views

Mistaken refund by corporate chain till computer system

Meet Bob. Bob purchased 10 bottles of champagne from a large grocery chain, triggering an automatically applied "multi buy" discount of 8%. He then brings the receipt back and returns 3 of ...
0 votes
1 answer
87 views

Verbal advice trumping standing corporate policy: which contract prevails?

Meet Alice. Alice entered a branch of a corporate retail chain and had a verbal dialogue with the cashier before making a purchase. She asks the cashier at the till what the return policy is, and is ...

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