Questions tagged [england-and-wales]

Questions specific to England and Wales

Filter by
Sorted by
Tagged with
8 votes
1 answer
2k views

How can misattributed paternity cause "a welfare minefield"?

It is in the news that a council was denied their request to force a DNA test on a child where there was a case of suspected intentional misattributed paternity. In criticising the family involved ...
User65535's user avatar
  • 6,526
-5 votes
1 answer
156 views

Does Bob commit criminal damage by cutting Alice’s chain without giving her a bit of time to come back? [duplicate]

In another question Alice abandoned her pram without permission and Bob cut its chain to remove it from his property by dumping it on the side of the street. By doing this, did Bob (or Tesco) commit ...
TylerDurden's user avatar
0 votes
0 answers
58 views

Does securing one’s items to another’s property confer any duty upon the owner of the land? [duplicate]

Alice is walking along the street with a pram when suddenly a thief takes her bag and she must quickly run after him so she chains her pram to a nearby fence in order to pursue the thief. This fence ...
TylerDurden's user avatar
-1 votes
1 answer
99 views

What’s the effect of leaving an item on another’s property? [duplicate]

Bob is hanging out at Alice’s house. He leaves but forgets to take with him his phone, leaving it there. She picks it up and can’t be bothered to contact him about it so she just chucks it in the bin ...
TylerDurden's user avatar
1 vote
2 answers
86 views

In Armoury v Delamirie, how did the claimant prove that he had visited the jeweller’s shop with a gem in the piece?

The case was before most traveled about with cameras in their pockets, and yet it seemed to turn on the noted questions of law rather than the obvious question of fact that may arise where the ...
TylerDurden's user avatar
-4 votes
0 answers
93 views

Does a prostitute who declines to service black men commit unlawful discrimination? [duplicate]

Was chatting about a previous post with someone in a pub, who reckoned that it is in fact quite common for prostitutes to put in their adverts “sorry I’m not racist but I do not see black men.” His ...
TylerDurden's user avatar
0 votes
1 answer
52 views

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?
TylerDurden's user avatar
-5 votes
2 answers
176 views

What is the legality of police wielding obscurantist legal sophistry against the public?

Alice is at a protest and gets into an altercation with another group. She shouts various lawful slogans towards them, and they report her to the police who arrive, seeking to “deescalate” the ...
TylerDurden's user avatar
0 votes
0 answers
73 views

MLAT De Minimis period?

The UK Government website covers Mutual Legal Assistance Treaty (MLAT) requests that it receives from outside of the UK. I was hoping someone could clarify the De Minimis part. Question 1: Focusing on ...
user5623335's user avatar
-1 votes
0 answers
45 views

Laws related to using frozen sperm in surrogacy UK

When freezing sperm fertility clinics describe separate procedures depending on whether you want to be able to eventually use the frozen sperm for surrogacy or not. In order to be able to use it for ...
anonforembarrassingquestions's user avatar
1 vote
3 answers
415 views

Would this YouTuber potentially be in legal trouble for filming in a public place?

Brendan Kavanagh, YouTuber pianist, was performing in a "public" place which appears to be a shopping mall in the U.K. and he was being filmed. A few people asked not to be filmed and at ...
H2ONaCl's user avatar
  • 137
-3 votes
1 answer
152 views

Can damages be claimed for the value of items already recovered by other means?

Alicia stole Bob’s £2000 Segway and puts it up on eBay. Alice sees it on eBay for quite cheap (let’s say £150) and decides to buy it on a whim, which she does. She suddenly then finds that she must ...
TylerDurden's user avatar
-3 votes
1 answer
129 views

Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Alicia and Bob live together as a happy couple, until one night they break up and Alice throws all of Bob’s stuff onto the curb while he is still out. He comes back to find it all there, but she didn’...
TylerDurden's user avatar
2 votes
1 answer
590 views

M&A: Avoiding paying redundancy by selling the company? (UK)

Corporation A owns many smaller business units. Corporation A agrees to sell Business Unit X to Corporation B. Business Unit X has a number of employees who are effectively redundant because their ...
Cosmittus's user avatar
  • 123
0 votes
1 answer
74 views

History of "Miranda warnings" before the Miranda ruling

In the U.S.A., statements made by persons under arrest who have not been notified of their right to remain silent have been considered inadmissible in criminal trials at least since the ruling in ...
Michael Hardy's user avatar
4 votes
1 answer
64 views

What status does the phrase “beyond a reasonable doubt” have in English/British criminal jurisprudence?

In a recent comment it is claimed that the phrase isn’t employed anywhere within British law, yet it is commonly thought to, and I’ve also always thought that it was. What gives rise to this ...
TylerDurden's user avatar
6 votes
1 answer
2k views

Does a judge have discretion in their verdict when it seems beyond reasonable doubt that the defendant is factually guilty of the charged offences?

I once observed a trial of some disruptive protestors at magistrates where the magistrate read her verdict/ruling out along with all of her reasoning used to reach it. Her deliberations appeared to ...
TylerDurden's user avatar
-2 votes
1 answer
52 views

What offences invoke the enhanced pre-trial detention period for “terrorism offences“?

In England it seems that pre charge detention is allowed for up to 72 hours typically, 96 hours for more serious offences, and 28 days for “terrorism,” but what offences fall under “terrorism” for ...
TylerDurden's user avatar
0 votes
3 answers
236 views

What procedures are implicated when someone accompanied by young children is arrested?

Bob is out on the town with his young child. He then gets arrested by police officers, and his child is left all alone not sufficiently mature to be able to find his way home. Do police have any ...
TylerDurden's user avatar
5 votes
1 answer
855 views

How long can one be held in custody following arrest for s12 Terrorism offences?

3 individuals were reportedly arrested on the afternoon of 13/01 on suspicion of supporting a proscribed organisation (namely Hamas) contrary to section 12 Terrorism Act 2000 and are still not ...
TylerDurden's user avatar
5 votes
2 answers
701 views

What is the functional purpose of the practice of seeking permission from a lower/trial court to appeal its own decision?

An appeal is fundamentally an affair pertaining to the transcendence of a particular court in order to solicit and invoke the authority of one of a higher level. So what is originally the purpose of ...
TylerDurden's user avatar
0 votes
0 answers
36 views

Is a third party which solicits and accepts personal data from a customer on another’s behalf a processor or a controller?

Alice contracts with ACME insurance which sends her to their identity verification solution provider’s app/website (BCME KYC SOLUTIONS Inc). BCME’s portal asks Alice for photos of herself and other ...
TylerDurden's user avatar
-6 votes
1 answer
167 views

Did Sainsbury’s steal Alice’s water?

Alice purchases a jug of water and places it on the counter as he sits down to read a newspaper and eat his other purchased food. It comes time for the shop to close, and staff come to remind Alice ...
TylerDurden's user avatar
0 votes
1 answer
79 views

Do statements made under oath filed with a court give rise to a condition of estoppel?

Bob brings a claim in court and makes a statement in one of his filings which was, for whatever reason, inaccurate/wrong. He then makes statements in a subsequent filing that contradict these. Does ...
TylerDurden's user avatar
2 votes
1 answer
82 views

Does the doctrine of contra proferentum apply to court filings as well as contractual terms?

Where there are ambiguous or contradicting terms appearing throughout the text of a contract, it is customary to interpret it in a way that is most contrary to the interests of the party who has ...
TylerDurden's user avatar
0 votes
1 answer
106 views

Does the protection of Legal Privilege apply to encrypted documents?

My understanding, based upon Common Law in England & Wales, is once something is sent to a solicitor, it is subject to Legal Privilege. If the solicitor is unable to open an emailed document, say ...
user5623335's user avatar
-5 votes
2 answers
230 views

How does the presumption of innocence apply to investigative interest by police?

Does the presumption of innocence apply at the investigatory phase of a criminal inquiry? For instance if a crime victim presents the police with substantial circumstantial evidence pointing it a ...
TylerDurden's user avatar
-1 votes
2 answers
159 views

Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden's user avatar
-3 votes
1 answer
124 views

How is Bob meant to obtain Cameron’s contact address for Data Protection concerns?

Cameron is almost certainly a data controller for the prose of the the UKGDPR. How can Bob practically go about seeking recourse and a means to reach Cameron, or an address on which to serve ...
TylerDurden's user avatar
0 votes
0 answers
63 views

Is amateur/hobbyist journalism/photography a purely household purpose?

Alice takes photos of people in public and puts them into a portfolio binder for grading by her photography class instructor but does not publish them. Barbara takes photos on her nights out and ...
TylerDurden's user avatar
1 vote
1 answer
145 views

Is Cameron a data controller?

Cameron doesn’t take greatly thoughtful pains in defining himself with respect to his street and online activities. Some may consider him a political activist, some a citizen and/or amateur journalist,...
TylerDurden's user avatar
-4 votes
2 answers
177 views

Is it legal to sell Christmas themed products that taste of liqueur but have no clear/apparent indication of any alcoholic contents on the label?

Waitrose and partners sell in their CHRISTMAS series of products an EXTRA THICK VANILLA CREAM which is described at the top of the back label as a “Sweetened blend of pasteurised extra thick double ...
TylerDurden's user avatar
20 votes
2 answers
3k views

What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Abdul’s news and wine gets a delivery of the next day’s papers overnight and he then puts the stack of unsold papers out on the pavement before closing for the publisher to collect and then destroy. ...
TylerDurden's user avatar
8 votes
2 answers
4k views

Is a mistakenly sent bank transfer a cause for unjust enrichment?

Bob meant to send a bank transfer to to his friend Boris Johnson, but instead sent it to Doris Johnson. Does he have a cause of unjust enrolment against the latter?
TylerDurden's user avatar
14 votes
6 answers
9k views

Is it an offence to disregard a no-contact court order when the other person is extremely complicit?

Alice and Bob are in an intimate relationship and Bob gets drunk and hits Alice which he is convicted of. Part of the legal outcome is that he is prohibited from going near Alice, but they secretly ...
TylerDurden's user avatar
-4 votes
2 answers
157 views

Is it legal in England to publicly proclaim that oneself “hate[s] the Jews”?

Most likely if anything this could be a public order offence (one would think none other than under section 5), but I recently heard someone warned by police that they could be arrested for saying ...
TylerDurden's user avatar
9 votes
1 answer
3k views

Why is theft triable either way?

Section 7 Theft Act 1968 defines theft as an offence: A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. However, it makes no ...
TylerDurden's user avatar
-5 votes
1 answer
65 views

What are the conditions (and implications) of entering an ostensible contract without capacity to do so? [closed]

A recent discussion touches in capacity to consent to forming contracts: @gaazkam my answer outlines the four required elements a person must be able to understand in order to have the capacity to ...
TylerDurden's user avatar
0 votes
1 answer
146 views

Are the police bound in their charging decisions by the public interest test?

Are the police bound, in their summary only (in-house) charging decisions, like the CPS is, to follow the public interest test?
TylerDurden's user avatar
-3 votes
2 answers
117 views

Is there any additional offence engaged by repeated incidents of common assault?

Bob hits Sally, this is common assault, a summary offence that must be proceeded on within the relevant period. Charlotte on the other hand hits Tariq, and then upon seeing him again in the street ...
TylerDurden's user avatar
-1 votes
1 answer
133 views

Is it legal to sell foreign packaged food products without any English on the label?

A shop in London sells egg custard pudding mix that appears to be labelled exclusively in Turkish. Is this legal?
TylerDurden's user avatar
-1 votes
1 answer
83 views

Is it legal to sell packaged food products with only American style nutrition facts on the label?

Abdul’s food and wine in London sells boxes of Mike and Ikes that are clearly packaged for sale in the USA. Sometimes such foreign packaged food products are sold in England with product information ...
TylerDurden's user avatar
0 votes
3 answers
211 views

When may handcuffs not be used when arresting someone?

This is a trope that occasionally comes up in various fora that handcuffs (and indeed any degree of force) when arresting someone should only be used if there is clear reason to think that it’s ...
TylerDurden's user avatar
-4 votes
1 answer
124 views

Did Alice commit a crime in bending over and spreading her butt cheeks after suggestively propositioning anal sex to Bob?

Bob rides up to the front of a bar where there is a heater lamp on his moped to quickly check some things on his phone on a night out in soho, where a couple of young women happen to be standing. One ...
TylerDurden's user avatar
-4 votes
1 answer
51 views

Is this sexual assault or any other crime?

A scene from the film Derailed often invites comments to the effect that the depicted tactic is a good way to end up in the back of a police car. (In it, a man bets a woman he can kiss her without ...
TylerDurden's user avatar
-1 votes
1 answer
98 views

How can one bring a civil claim against an unidentified defendant in order to apply for a third party disclosure order to identify them?

Past answers here have suggested that a claim can initially be brought against an unidentified party like “the man in the blue jacket who did X at Y location on Z date.” Once the claim is started then ...
TylerDurden's user avatar
5 votes
7 answers
1k views

Can a person commit a racially/religiously aggravated or hate crime against their own group?

E.g.: Can a black person be convicted of crimes that are racist against black people? Can a Jewish person be convicted of crimes that are deemed antisemitic? To be clear, this question is about ...
TylerDurden's user avatar
0 votes
0 answers
39 views

What’s the difference between a mild, non-physical assault, and s4 POA or Affray?

(POA refers to the Public Order Act 1986.) According to the sentencing council, Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It ...
TylerDurden's user avatar
2 votes
1 answer
928 views

When can police arrest you for your own safety?

According to the charity Liberty, police can arrest you to prevent you from suffering physical injury yourself – for example, if your behaviour might provoke others to assault you, so you need to be ...
TylerDurden's user avatar
2 votes
1 answer
82 views

Is it possible for there to be an independent Constable?

The office of police Constable is independent of the employing police force. In theory then one could hold the office but not be within the organisation of any police force. Does anything prevent this?...
TylerDurden's user avatar

1
2 3 4 5
25