Skip to main content
12 votes

The principle of legality in criminal law, and the common law

The rough idea is that people are expected to know that it's wrong to bash other people over the head with a snooker cue, even if they can't cite the exact legal reason why this might be a criminal ...
alexg's user avatar
  • 7,000
9 votes

The principle of legality in criminal law, and the common law

Isn't it the case that the England and Wales system bluntly defies the principle of legality? Or is there something I don't know that mitigates the tension? Is there any theorizing about this that ...
ohwilleke's user avatar
  • 221k
6 votes
Accepted

Rentcharges under Leasehold and Freehold Reform Bill 2024

From paragraph 633 of the draft Explanatory Notes: New section 120A (1) details that for new sections 120B to 122, a rentcharge is “regulated” if it is a rentcharge that could not be created under ...
Steve Melnikoff's user avatar
5 votes

The principle of legality in criminal law, and the common law

The common law distinguishes between malum prohibitum and malum in se These Latin phrases translate as "wrong [as or because] prohibited" and “wrong or evil in itself” and are inherited ...
Dale M's user avatar
  • 213k
4 votes

What is the likelihood of recovering full costs of winning an expectation damages case?

canada It is extremely unlikely for a plaintiff to be awarded full legal costs (also known as "solicitor and client costs" or "full indemnity basis") and disbursements. Instead, a ...
Jen's user avatar
  • 59.8k
4 votes

Remanded for a plea of Not Guilty for Reasons of Insanity?

You don’t plead anything at the police station When you are arrested the police will take you to the station and hold you for a short period (terrorism offences excepted). During this time they will ...
Dale M's user avatar
  • 213k
4 votes
Accepted

How can any trustee "have no rights"?

An example of a case in which the trustee has "no rights" would be a case where the trust prohibits the alienation of the land, through a sale or mortgage, but the land itself is subject to ...
ohwilleke's user avatar
  • 221k
4 votes
Accepted

What title transfers take place in the case of theft from a bank account?

In the case of theft involving taking money from a bank account, does the person whose account the money comes from loose good title to that money, or the debt it represents, or anything? Does the ...
ohwilleke's user avatar
  • 221k
3 votes

Law costs draftsman/costs lawyer v. costs barrister (England & Wales)

Costs emerged as a specialisation for the same reason as other areas of law: it takes time to become familiar with costs-specific procedure and case law, and there is demand for paid work which can be ...
sjy's user avatar
  • 9,296
3 votes

Capping your claim in an English small claims court?

Here's a UK source. If you're just above the limit, consider lowering the asking amount down to £10,000 (even if your earlier letters demanded more). You can do the same thing, in Ontario Canada. “...
user66518's user avatar
3 votes

What is the likelihood of recovering full costs of winning an expectation damages case?

It’s a possibility Costs are complicated and, ultimately, discretionary. The general rule in common law jurisdictions outside the USA is that costs follow the event. That is, the successful party is ...
Dale M's user avatar
  • 213k
2 votes

Does HM Courts and Tribunal Service profit from court fees for litigants unconnected to the UK?

Does HM Courts and Tribunal Service profit from court fees for litigants unconnected to the UK? No. In the 2022-2023 fiscal year, the English Court system has expenditures of £2,307,628,000 and ...
ohwilleke's user avatar
  • 221k

Only top scored, non community-wiki answers of a minimum length are eligible