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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UK law regarding permits for tables on public land/footpaths outside pubs

I’ve recently come across this issue several times where people have been asked to leave when bringing a dog to an outside area at Wetherspoons pubs where they have tables on public ground/footpaths/...
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3 votes
2 answers
68 views

Transfer business ownership between spouses for tax purposes

I live in UK, and I have a full-time job with a salary that makes me a higher rate income taxpayer. Additionally, I am registered as a sole trader: I operate a software-as-a-service website, and I ...
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21 votes
3 answers
6k views

When speaking to a judge in court, what do barristers mean by "May I take instructions?"

I know what instructions to a barrister are, BEFORE court. When it is appropriate to use a barrister, the barrister is sent ‘Instructions' (when asked to give an opinion on a case) or a 'Brief' (if ...
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1 vote
2 answers
56 views

If a tenancy deposit is paid by one other than the tenant (ie, a Relevant Person), who does the deposit less deductions get returned to post-tenancy?

Raphael pays a tenancy deposit on behalf of Timothy, who lives in a property for a 12 month tenancy. Who should the deposit be returned to at the end of the tenancy? I'm wondering specifically if ...
4 votes
2 answers
1k views

What is the U.K. GDPR?

I understand that the DPA implemented the GDPR in British law as an act of Parliament. Then there was Brexit, and the U.K. GDPR was introduced to stand in for the no longer binding EU GDPR, with only ...
-1 votes
0 answers
39 views

What is the status of an unpermitted subtenant of an AST who assumed occupation during a statutory periodic tenancy? [closed]

A is an assured tenant who sublets unlawfully to B. If the fixed term term ends, B changes from a tenant to a trespasser. But what happens if the sublet occurs following the conclusion of the tenancy’...
1 vote
0 answers
96 views

How would "I leave my estate to my wife" in a British will be treated if the only "wife" never divorced her first husband?

This is motivated by a key plot point in a televised version of an Agatha Christie story "At Bertram's Hotel". Although I read the story several years ago, I don't remember if the original ...
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1 vote
0 answers
29 views

Does an MLAT request have an age limit?

Having recently found out about Mutual Legal Assistance Treaty (MLAT) requests, I had some questions that I could not find on the government (gov.uk) website. I am interested in both between UK and EU ...
0 votes
0 answers
58 views

Taking photos or videos of people in UK

It is generally understood that taking photos/videos of people in a public place in UK is not unlawful unless it is done in a place where they can expect privacy, or unless the images are indecent (...
4 votes
1 answer
300 views

Is it a breach of GDPR and DPA to say a colleague is sick and off work?

This is a hypothetical question. Suppose a customer calls asking for a colleague, call her Alice, and Bob answers the phone and tells the customer that Alice is off sick with the flu. The customer ...
  • 551
3 votes
1 answer
85 views

On the Use of a Modified Refrain from "The Orange and the Green"

I would like to use in a new song a modified version of the refrain: Oh, it is the biggest mix-up that you have ever seen. My father, he was orange and me mother, she was green. My refrain is not ...
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1 vote
1 answer
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Minimum sentence for Mutual Legal Assistance Treaty (MLAT) request

I was told by a friend studying Law, that for a country to submit a Mutual Legal Assistance Treaty (MLAT) request there would be certain criteria that must first be met. If they are not met, the MLAT ...
2 votes
1 answer
79 views

Change name and gender in Switzerland as a non-Swiss citizen

So I live in Switzerland, but have British and Italian dual citizenship. I want to change my name and gender legally everywhere or at the very least on official documents here in Switzerland. I may be ...
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4 votes
1 answer
53 views

UK Spring Water Regulations

I just saw a post talking about how various brands of spring water in the UK are not meeting regulations because they are bottled at a different location to the spring. Looking online, most sites (...
  • 155
4 votes
1 answer
172 views

What actually is a “Modern Day Slavery Policy”?

On many businesses’ websites there is an unobtrusive link to a so-called modern day slavery policy. What is this, and what provisions does it fulfill or get governed by?
5 votes
1 answer
85 views

Under what conditions are 3rd party works automatically subject to the OGL 1.0a?

Are 3rd party creations that are "compatible with" D&D automatically subject to the OGL (OGL 1.0a for the purposes of all references in this question), or can they be published without ...
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0 votes
1 answer
45 views

What laws have amended the Equality Act 2010?

I find myself wishing to download a copy of the Equality Act 2010 in order to study it when lacking internet access. Of course legislation.gov.Uk offers a PDF kings printer version, but I fear this is ...
0 votes
1 answer
61 views

Practical implications of failing to follow GDPR for online businesses

Suppose a person based in UK has started a one-man business online, for example, a web blog where people can read articles and post comments. Now, the business owner is focused on testing out the ...
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2 votes
1 answer
54 views

Do contracts require pages or clauses numbered?

A question asked by another member about missing pages in a lease brings to my mind the question of whether there is a legal requirement for contract pages to be numbered so that it is e.g. obvious ...
1 vote
2 answers
53 views

International student - registering a marriage in the UK with a foreign citizen

I am an international graduate student in the UK on a Tier 4 student visa. My partner is a German citizen and currently lives in Germany. We are planning to get married. Are we allowed to register our ...
2 votes
1 answer
30 views

Where should a foreign interested party in a civil case seek a lawyer?

A civil case is in progress in the UK. Someone involved in the case as an interested party wants to make a motion about it, but is a US citizen living in the US. Should they get a lawyer at home in ...
1 vote
1 answer
64 views

Lock Repair Dispute - Interpretation of common areas in a lease

I have a dispute regarding the replacement of a lock on an external door in my leasehold property. (England, United Kingdom) There are four flats in the converted period property, two maisonettes (...
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3 votes
1 answer
109 views

Is there a way to avoid double-VAT when delivering from UK to Ireland?

For non-business customers, I'm wondering there is a way to avoid being double-vatted on products purchased from the UK and imported from UK to Ireland? An example would be if I ordered a €500 laptop ...
0 votes
0 answers
49 views

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 ...
-1 votes
1 answer
33 views

Restricting processing of data provided to police

Suppose that a person A would like to report a crime of which they’ve become a victim, to the police. For this purpose the police typically require the victim’s date of birth in order to create a ...
2 votes
1 answer
79 views

Can the possible existence of a will be ignored

A person is currently suffering from a degenerative brain condition affecting memory. They have previously told their family that they did make a will, and had it stored with a solicitor in a named ...
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3 votes
1 answer
382 views

Defendant not present for sentencing

If the defendant does not turn up to court for sentencing, can the defence still put forward mitigations and character references? One would assume that the defence would be prevented from bringing ...
2 votes
1 answer
85 views

What liability would be incurred by both parties in the incident of a bicycle and footpath walker collision?

I live in a city in the UK that has an extensive network of foot/cycle paths, and make use of these paths for exercise by cycling on them. I share these paths with pedestrians and other cyclists, ...
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0 votes
2 answers
85 views

In the U.K., is rescission due to mere misrepresentation an entitlement? Or is it a discretionary equitable remedy?

If a party to a contract has made a misrepresentation (including by omission), but not fraudulent misrepresentation, is this sufficient to entitle the innocent party to rescind the contract? Is it ...
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0 votes
1 answer
110 views

After employing the services of an 'architect' then later finding they are not a registered architect, can the contract be cancelled? (UK)

Alice hires Bob to do architectural work and refers to him as an architect once verbally and once in writing. Bob does not correct her. Bob never actually calls himself an architect nor advertises ...
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0 votes
1 answer
26 views

What is the definition of a habitable home environment in the care and support eligibility criteria regulations 2015?

Article 2 paragraph 2(f) of the Care and Support (Eligibility Criteria) Regulations 2015 specifies the outcome of maintaining a habitable home environment. What is the definition of ‘habitable’?
-2 votes
1 answer
85 views

What is a loding? [closed]

Wikipedia quotes Street v Mountford as follows: ‘the landlord is there for the purpose of being able, as landlords commonly do in the case of lodings, to have his own servants to look after the house ...
4 votes
2 answers
495 views

Where is the line between civil and criminal breach of copyright?

My understanding is that acts can be a breach of copyright and can result in being held liable in civil courts (a civil wrong?) without being criminal and result in being found guilty in criminal ...
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2 votes
1 answer
19 views

resources for reviewing legal cases in the UK

Is there a (free) resource in the UK for someone to obtain details of various cases brought to court, for example details of case history, court rulings? I have come across, for example, https://www....
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4 votes
1 answer
53 views

General Practice doctors and the law on reporting colleagues

In the UK, if one GP believes another GP has acted in a dishonest manner in their actions, for example by providing a diagnosis that is known to be false, does the first GP have a legal duty to report ...
  • 201
0 votes
1 answer
115 views

How much do I owe my lawyer? [closed]

I'm the Plaintiff in a civil case. The Opponent has made a non-Part 36 offer of an all-inclusive settlement. I have a conditional fee agreement (CFA) with my solicitor. The Client Care Letter (CCL) ...
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1 vote
2 answers
238 views

What makes something qualify as indirect unlawful discrimination versus simply being lawful practice?

Imagine that Nike makes a particular model/style of trainer, for example, called the Nike Jordan 4128s, which come in a men's and women's version respectively. They both normally retail for £200, but ...
4 votes
2 answers
240 views

Is addiction a disability?

Is addiction considered a disability for employment and beneftis rights? Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)?
  • 551
1 vote
1 answer
79 views

Until what stage can a judge overrule a jury's verdict?

In the England & Wales jurisdiction, at a Crown Court, I have heard that the judge has the power to overrule a jury's guilty verdict. I assume, as an example, this would happen if the jury ...
3 votes
1 answer
153 views

What kind of reward is an "inflationary lump sum"?

Some companies are giving employees what they call an "inflationary lump sum" to help them cope with cost of living issues caused by high inflation. See for example: https://www....
2 votes
2 answers
125 views

Do companies have any legal obligation to tell the truth?

I purchased an item from a major DIY retailer in the UK, the item was defective and I rang up their support desk asking for a refund. The initial response I got was basically "we're just the ...
2 votes
2 answers
78 views

What effect would leaving the ECHR have on the cases it was used in?

There is a growing interest within the UK for leaving the European Court of Human Rights (ECHR) with a Government and Parliament online petition reaching 17,260 signatures supporting this idea. The ...
0 votes
2 answers
222 views

Can someone be prosecuted posthumously?

Can someone be prosecuted posthumously in the British or EU courts for alleged sexual offences committed many centuries ago?
2 votes
1 answer
52 views

Sentencing guidelines - released after half or two thirds?

The Sentencing Council website explains how long an offender would spend in prison. I was interested in the first part of the below paragraph. For some serious violent or sexual offences where the ...
2 votes
1 answer
74 views

Insanity plea construction - UK

I am reading through my textbook and I am interested in the concept of insanity. First the rules of an insanity plea: To successfully plead insanity, it must be clearly proved that at the time of ...
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2 votes
0 answers
48 views

Using virtual address for residential address with financial companies?

(context of the question is the UK but it may be relevant to other jurisdictions too) I’m aware that under AML regulations, companies are expected to identify their customers and verify their identity:...
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3 votes
1 answer
89 views

Fitness to plead - UK - what happens when the defendant gets better?

Once a defendant has been found unfit to plead, found to have committed the act (via a trial of facts) and sentenced to hospital (via the Mental Health Act), can the case be reopened when the ...
  • 65
7 votes
2 answers
1k views

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 ...
5 votes
1 answer
73 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
82 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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