First, apply Hanlon’s Razor
Never attribute to malice that which can be adequately explained by stupidity
It’s quite likely that the broker’s recollection of the meeting is very different from your friend’s - whenever 2 people witness an event there are a minimum of 3 versions of that event - one for each person and what actually happened. Very soon there ...
Silence is never agreement
Agreement requires word or deed. That is, they must say they agree verbally or in writing, or act in such a way that their agreement is clear.
For the act, we’re not talking about head nods or thumbs ups, that would actually be saying you agree. The act is more “If you want my lawnmower for $50 come and get it” - if they come and ...
It’s for the defendant to prove they have a ‘reasonable excuse’
This means that, if they were relying on (1)(a)(ii) that they suffered ‘severe distress’.
The onus falls on the defendant because this is an affirmative defence - they acknowledge that they committed the act that is prescribed but they have a lawful excuse. The standard of proof is the balance ...
What does it mean to grant rescission on terms?
When setting aside a contract, the court may may apply what it called "practical justice” in Salt v Stratsone 2015 which can include ordering rescission on terms that allow for compensation for any unfairness that would otherwise result.
Employees can be directly liable in England
While the principle of vicarious liability means that an employer is responsible for the acts and omissions of an employee; that employee is also personally responsible. If their negligence causes damage to their employer or a third person, the damaged party can sue them directly.
While such suits are rare outside ...
When the suspect is being arrested for this indictable only offence, are the police allowed to then arrest the suspect for the summary only offences too whilst the police are still inside of the suspect's house?
YES, as long as the arresting officer suspects an offence has been committed and believes the arrest is necessary for any of the reasons given in s....
Why is "conspiracy to aid, abet, counsel, or procure an offence is not itself a crime"?
Why is "to attempt to aid, abet, counsel, or procure" not an offence?
Short Answer: Because s.1(4)(a) and (b) of the Criminal Attempts Act 1981 say so.
By "itself" stops short and lacks a substantive offence - aid and abet ...
Forensic in this context means "relating to courts of law."
Practicability includes viability, achievability and attainability among its synonyms.
One way of rephrasing the paragraph:
The non- conviction of the blameless should be a pervasive principle of substantive criminal law limited only by the need to theorize and practise criminal law as a ...
Can the police seize your phone without a warrant UK?
An arrest on suspicion of rape (an indictable offence) triggers two powers under the Police and Criminal Evidence Act 1984 (PACE) to search premises for evidence without a warrant. Which power depends on where the arrest was made:
if the offence for which he has been arrested is an ...
What determines whether a mistake is fundamental and ownership passes?
Short answer: When the facts show it is a blatantly obvious error. For example: I park my car on my neighbour's driveway by mistake (maybe at night in a driving blizzard). Although my neighbour possesses the car as it's on his land, ownership does not pass to him as it's an obvious ...
Why would he not have been charged with "housebreaking"?
In england-and-wales neither "house breaking" nor "breaking and entering" are legal terms: the offence is called burglary contrary to s.9 of the Theft Act 1968 which in 1983 was:
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a ...
For as long as they might be required:
Company law requires 3 or 6 years for private and public companies respectively.
Tax law allows audits for up to 6 years.
Civil claims (e.g. for wage underpayment) can be brought for up to 6 years.
Workers compensation is practically indefinitely. There is a limit of 3 years, but that runs from the discovery of the ...
The retention periods depend on the exact legal basis for keeping such records. For example, accounting records might reasonably involve at least your bank account number, sort code, full name, and address. Under Section 388 of the Companies Act 2006, accounting records must be kept for three to six years, depending on the type of company (private or public)....
Only if they posted audio
Recording law in England does not require consent for video or still photography in public places. Consent is required for audio recording if it is going to be distributed.
It appears you gave conditional consent - if your face was blurred. By it blurring your face they operated outside the consent given.
If you do sue, they can ...
Why can you be convicted for conspiring to project indecent images into the night-time sky, but not conspiracy to defraud a dead person?
One's a conspiracy to commit an offence and the other is an agreement to do something that isn't an offence.
In Nock, the House of Lords ruled that one cannot unlawfully conspire, or attempt, to ...
The agent/landlord responsibility is to ensure that the residents have "quiet enjoyment" of the property during the period it is let. As long as your friend has access to the flat he has that.
He can ask, but the agent/landlord have no obligation to provide it.
Could your friend appoint someone else to go and get their property? There is no ...
Are search warrants limited to evidence for a specific crime?
YES Different Acts have slightly different wording but they all require the police to suspect an offence, for example s.8(1) of the Police and Criminal Evidence Act 1984:
(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable ...
The power stop the traffic is at s.163 of the Road Traffic Act 1988:
(1) A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer.
(These riders were probably from the Metropolitan Police Special Escort Group)