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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105 views

Under what circumstances (other than defamation) is “truth an absolute defense” against prosecution?

My understanding is that "truth is an absolute defense" against a "defamation" charge, in the U.S. (Although you could be charged with something else such as "publication of ...
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0answers
36 views

How do I use a lawyer/solicitor in England? [closed]

There are times when something bad happens and the first thing you should do (as I understand) is to get legal advice so that you don't accidentality make the situation worse (e.g. give away too much ...
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1answer
78 views

Refusal to Transfer Ownership of Laptop

I have purchased a laptop, but the company from which I bought it is refusing to officially transfer the ownership. It's a Dell laptop and Dell have a form for transferring ownership. I am based in ...
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1answer
61 views

Who owns the object? [duplicate]

I am having difficulties with something I've been trying to find an answer to on my own. Person A purchased a house from person B. Person B had never lived in the house prior to person A purchasing it....
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1answer
57 views

How do you determine who has the best claim to lost and hidden objects?

This is a question that relates to the nature of the land -- property law. How do you determine who has a claim over an object they found and in which situations would they have a claim? Say, person A ...
3
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1answer
37 views

Sentence given when a Summary only offence has imprisonment over 6 months?

I was reading into the Wireless Telegraphy Act 2006. At the sentencing section, I note the following: (a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not ...
4
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1answer
134 views

Recourse if heir (assuming to be only heir) gives away items intended for other heir before the content of the will is known?

Please note that this matter was settled to my satisfaction. I have no intention whatsoever to make an issue out of it. I’m asking the question mainly to satisfy my curiosity about what might have ...
4
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1answer
277 views

What kind of objects can be reclaimed?

What if you're purchasing a house and the previous owner wishes to reclaim some of the objects in your house? Wouldn't all the objects now be owned by the current owner, and if not, what kind of ...
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1answer
56 views

Would this be infringement?

Would a journalist who copied another journalist's work substantially be accused of copyright infringement? Are journalists able to use the 'fair dealing' as per U.K. law to make use of one's work ...
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1answer
153 views

Do British judges violate judicial conduct if they tell lawyers to “sit down and shut up”?

I transcribe 2:39 And I was once before a very senior judge, and the first thing he said was, 'You have to finish your arguments by twelve o'clock. If you can't finish, sit down and shut up'. Very ...
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1answer
96 views

Idea-expression dichotomy

Would it lead to copyright protection if one were to record someone's speech, a speech in which the most half-baked ideas are advanced with such conviction that the general public takes them seriously?...
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1answer
32 views

What are the limits of service provision/PII consent for compliance with GDPR?

Most of the internet business model can be described as providing data in exchange for seeing adverts. These adverts are worth a lot more if they can be targeted. The GDPR applies to this, such that ...
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3answers
70 views

What time protection does the Fraud Act of 2006 offer to the accused?

A person has been threatened with Fraud Act for a claim he made a year back. The claim was approved by the other party and there was a payout. After a year, the party threatens to charge with fraud ...
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1answer
82 views

Can you arrest a person without police? [duplicate]

Is it possible to make the decision of arresting a person that is not judged by the police. For example by someone trained in law, like a lawyer. It is not uncommon to get some form of police ...
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5answers
243 views

Can etiquette prevail over the law?

I was preaching and approached a lady. She said "no I do not want to listen" so, I left her. Then I saw some children. As I went toward the children, the lady started shouting. She stood up ...
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1answer
204 views

Does the XR vs. Shell case create precedent for environmental activism being necessary?

Six Extinction Rebellion activists were charged with criminal damage to the Shell HQ building in London’s Waterloo in April 2019. All admitted the actions, and five of the six relied on the defense ...
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1answer
27 views

Can you request response to SAR by web form?

When one makes a GDPR Subject Access Request (SAR), one can specify a particular form of response, for example by email. Also the data can be requested in a structured, commonly used and machine-...
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2answers
118 views

Is a contract allowed to have illegal / unenforceable clauses?

My understand of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did ...
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1answer
72 views

How does discovery work for financial crimes?

There is a case in the news at the moment about the post office securing 736 convictions for false accounting and theft that later some were overturned on the basis of an accounting error made by an ...
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1answer
32 views

In Francis Bacon's time, was common law much less rules-governed than civil law?

In a paper on the legal inspiration of Francis Bacon's philosophical terms, it is argued that Bacon was more likely inspired by civil law rather than the common law, reflecting the fact that in his ...
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0answers
92 views

Do I have any legal right to fair grading by my university? [migrated]

I have recently been given a 0 for one of my online exams at university due to technical difficulties that meant I was unable to submit the exam before the end of exam time. Unfortunately this was ...
4
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1answer
133 views

What is a legal response if police illegally try to enter your home?

Say the police turn up at your house with a search warrant. They show it to you, and it is more than 3 months old and so invalid, and therefore does not give them the right to enter your house. You ...
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1answer
27 views

Music- what if I move or cancel distribution service

Suppose a songwriter wants to use a distribution service to push songs to spotify. From reviews on YouTube all of the distributors (ditto, distro kid, ccd babe etc.) they all have their influencers ...
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4answers
5k views

Is buying counterfeit goods illegal?

There are fake Rolexs being sold on the internet for around £250. This is illegal, and those engaged in selling such items have been charged with unauthorised use of a trademark. It appears that ...
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1answer
51 views

Is a Restraining Order or an Injunction Dropped in a Medical or Other Emergency

I was recently browsing through social media when I came across this image. (See below) As unlikely as it seems that this image is real, it did get me thinking, are Restraining Order or Injunction ...
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1answer
531 views

Can using a “simile” constitute defamation?

Suppose someone said, "X looks like someone with a venereal disease." That is known as a simile. Now "X has a venereal disease" would constitute defamation (if untrue). But the ...
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1answer
64 views

Can I carry a pet, in a carrier, on my lap whilst in the front passenger seat of a car (in the UK)?

I’m trying to decide which car to buy and one constraint is that it must be possible for us to transport the cat, very occasionally. I’d like to know whether it would be legal, in the UK, for me to ...
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1answer
47 views

Does the Data Protection Act 2018 in UK require users of a website to explicitly

Now that Brexit has happened, GDPR no longer takes effect in UK. However, the Data Protection Act 2018 will continue to apply. With GDPR's Article 6, a website is required to request explicit consent ...
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0answers
58 views

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&...
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1answer
123 views

GDPR unbelievable legitimate interest. What action to take?

If a website is claiming legitimate interest in data collection in a way that is unbelievable is there any action that a web site visitor can take? For example, if one was to visit The Daily Mail you ...
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1answer
36 views

When sponsoring a spouse (UK visa), what do the various relationship types mean and how do they affect the application?

When making a visa application in the U.K. for a sponsor to invite a foreigner to marry there is a section in the application that asks "What is your relationship to SPONSOR'S NAME"? There ...
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1answer
50 views

Reasonable amount of time to assume terms are agreed (UK/England)

Bit of background on this question; A group raised a conflict of interest dispute against our group - we immediately took necessary steps to remedy this action. We let them know within a day that we ...
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1answer
70 views

Can an Order in Council be quashed for being incompatible with the common law constitutional right?

Imagine that a prerogative Order in Council is enacted and that it's incompatible with an ECHR right that covers the same ground as a common law constitutional right. The quotations beneath affirm ...
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1answer
50 views

How far up the chain of internet provision does my GDPR responsibility go?

Say I host a web page on my computer, and you visit that site from somewhere in Europe. The web server on my computer will know your IP address, and I can choose to "forget" it as soon as ...
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3answers
66 views

GDPR, personal and political activity

The GDPR does not apply to the processing of personal data that is "by a natural person in the course of a purely personal or household activity". I cannot find a description of "...
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1answer
74 views

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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0answers
38 views

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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1answer
66 views

Action to take against UPS [closed]

I paid for UPS to deliver three parcels but they double charged me for that delivery. UPS charged me twice for that shipment, and refused to respond to my emails and calls asking them to refund the ...
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2answers
55 views

Inheritance of shares or their value

X and Y both buy 10 shares in company C. X leaves the 10 shares, or the net sales thereof, to Y. X dies after having sold the shares and the value of the shares (say £1000) are inherited by Y, who ...
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0answers
49 views

Is there any way for a customer to obtain a binding statement that their account with a UK business is paid off?

I have a young child in a nursery (kindergarten) in England which is run by a national childcare provider, and they are supposed to be taking monthly payments via Direct Debit. However, as far as I ...
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2answers
151 views

Is the prosecutor's fallacy still an issue in cases today?

I'm writing an article about the misuse of statistics in the courtroom. Of course one can not have this conversation without mentioning of the so-called "Prosecutor's fallacy". Most of the ...
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1answer
30 views

Is there an official glossary of intellectual property terms in the UK?

I am writing a research paper on how intellectual property rights terminology in Russia compares to that in the UK. I am looking for an official glossary or a standard approved by the UK government ...
2
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1answer
57 views

Follow-up question about summary only offence

I am following on from a question that I posted here. Person A: Reported suspect for one indictable offence. Person B: Reported suspect for several summary only offences. I understand based on the ...
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1answer
33 views

UK Copyright and IPR in the course of employment: Employee vs Worker

https://www.legislation.gov.uk/ukpga/1988/48/section/11: 2)Where a literary, dramatic, musical or artistic work or a film, is made by an employee in the course of his employment, his employer is the ...
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0answers
67 views

What if I am called for jury service while away from home for extended periods (UK)?

I live in the UK, and I may be away from home for over 6 months. During this time I will still be in the UK, but will not have a postal address. What happens if I am called for jury service while I am ...
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2answers
115 views

Is it legal in the UK to 3D print a firearm design if it is made impossible to fire?

In the UK firearm regulations are very strict, but I would like to learn about them like in the other countries. Is it okay to print 3D gun designs if I make sure none of the parts can shoot real ...
5
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1answer
453 views

Can the police seize your phone without a warrant UK?

This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland. If the police arrest someone over a ...
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2answers
64 views

How long can an employer keep financial details after employee has left under GDPR?

I finished a job in 2019, but just received notification of a data breach at that job in 2021, and my bank account number, sort code, national insurance number, full name, address and date of birth ...
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1answer
133 views

UK Law Question (England): Can I Sue someone if they post a video of me on social media Without my Consent?

Scenario: Someone starts talking to you while they record you without you knowing it. You notice they're recording you and they tell you the video is going on Youtube. You tell them that this is only ...
13
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1answer
2k views

Can a covert recording be used as evidence in UK civil court?

I have a court case against my landlord for disrepair. At the end of last year I had enough of waiting for him to respond to all the issues we have in the property, and I've sent him a letter of claim....

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