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1 vote

Can I legally take liability from a previous tenant? What are the limitations of this?

I'm going to take different view to @DaleM and say you cannot take liability for damage caused by a previous tenant, notwithstanding that you purported to agree to that. I know you stated that you &...
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1 vote

Is it possible for a lone claimant to obtain an RRO under HAPA 2016 for being let an unlicensed HMO without the involvement of other housemates?

You are fine to proceed on the basis you describe - you just need to convince the First Tier Tribunal beyond reasonable doubt that the required (for the property to be licensable) number of people ...
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1 vote

Gaslighting on verbal agreements... who is legally "right"?

Contracts can be renegotiated However, I'm not entirely sure that's what's happened here. agree, informally, in a verbal but explicit agreement, ... to a weekly rate of pay, and of working hours. ...
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1 vote

Can I legally take liability from a previous tenant? What are the limitations of this?

From the description this appears to be the tenant’s problem A carpet can be expected to last 5-15 years depending on quality and usage. Signs that it’s reaching the end of its life are wear, damage ...
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10 votes

What is the nature and purpose of the UK highway code?

To add to Rick's great answer: "what is the purpose of having a separate code?" There are two main reasons. The first is similar to the reason that we have secondary legislation: it enables ...
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-2 votes

What's the difference between a conviction that is spent and one that is expunged?

A spent conviction has had its punishment served. An expunged conviction is one that has been served and is so old (I.e. there is a statutory time limit) that it can no longer be reported for ...
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19 votes
Accepted

What is the nature and purpose of the UK highway code?

The Highway Code is a Ministerial Direction that brings together in one place for easy reference legislational requirements (by the the use of "must" and "must not") and general ...
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0 votes

What's the difference between a conviction that is spent and one that is expunged?

Spent means the sentence etc has been served and, under certain conditions, one need not disclose one's criminal history as they are deemed rehabilitated. See the Rehabilitation of Offenders Act 1974 ...
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12 votes

How is an animal defined as in rule 286 of the UK highway code?

Is a fly an animal? Not in the context of the Highway Code Rule 286, as the underlying legislation at section 170 of the Road Traffic Act 1988 states: (8) In this section “animal” means horse, cattle,...
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16 votes
Accepted

What possible penalties can there be for failing to comply with rule 286 of the UK highway code?

Rule 286 states: If you are involved in a collision which causes damage or injury to any other person, vehicle, animal or property, you MUST stop. If possible, stop in a place of relative safety (...
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8 votes

What possible penalties can there be for failing to comply with rule 286 of the UK highway code?

In the event that one (or more) of the following applies: Personal Injury, or Damage to a Vehicle, or Damage or Injury to an Animal Damage to Property attached to the road where the accident occurred ...
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6 votes
Accepted

What are the Legal obligations of a bicyclist who accidentally scratches one’s empty parked car?

According to Rule 286 of the Highway Code then the actual legal requirement doesn't mention an exchange of insurance details. If you are involved in a collision which causes damage or injury to any ...
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2 votes

What does it mean for an Act to be constitutional in England?

Other answers that explain and further elaborate or reference the concept most welcome but I’ve just seen this (Thoburn v Sunderland City Council, paragraph 62): In the present state of its maturity ...
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8 votes

What is tort law and how does it differ from civil law?

First, civil law has, confusingly, two meanings. It can denote the legal systems used in most of Europe, as opposed to the common-law systems arising in England and spreading to most of the former ...
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2 votes

How can one become comprehensively aware of all applicable statutes/remedies to a given situation when they are scattered between different acts?

TLDR; Acquire a solid background in law, use high quality paid non-authoritative sources, and spend a lot of time reading about the particular issue in depth. Full answer: Acquire a suitable level of ...
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0 votes

How do I find out if a company I want to claim against has a UK address

You have various ways to find out this information. The fact that a company exists on the Companies House Register does not establish whether that is the same company with whom you have a contract. ...
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1 vote

What are the advantages and disadvantages of a token salary?

You absolutely should not do this. A volunteer is, by definition, a person who chooses freely whether or not they work. They can turn up one day and work as you had hoped they would and the next day ...
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1 vote

What is the legal term for a conviction that the individual has completed the punishment for?

"if the individual completed their time in prison for the crime, is this legally known as a "spent" conviction?" No, you mustn't conflate "completing time in prison" with ...
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2 votes

What are the advantages and disadvantages of a token salary?

If you pay someone, they are an employe - not a volunteer If they are an employee they have all the rights of an employee. This includes minimum wage laws so you can only pay them £1/year if they work ...
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2 votes

What is the legal term for a conviction that the individual has completed the punishment for?

"Awaiting sentencing" either remanded in custody or on bail. "Sentence completed" which may, or may not, after time become "Spent" (see here) and note that: It is ...
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15 votes
Accepted

Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair

It is usual for a lease to specify for what purposes and on what notice the landlord is entitled to access. Often there is a provision allowing the landlord access on no notice in an "emergency&...
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1 vote

What are the advantages and disadvantages of a token salary?

To be a valid contract, there needs to be a consideration on both sides. A contract is not enforceable if it is void. A contract is void ab-initio if one side does not get any consideration at all. ...
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  • 13k
2 votes

How can one become comprehensively aware of all applicable statutes/remedies to a given situation when they are scattered between different acts?

Just to add to Dale's answer: engaging a lawyer specialising in the particular field of interest should provide comprehensive answers - although it's not always 100% foolproof. Ultimately, it is the ...
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  • 20.5k
3 votes

How can one become comprehensively aware of all applicable statutes/remedies to a given situation when they are scattered between different acts?

Hire a lawyer Just like you shouldn’t search the internet for medical advice, you shouldn’t do it for legal advice either. It takes a university degree and several years of on-the-job training to ...
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  • 147k
5 votes

Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair

Hmmm... Off the top of my head, chronicle and document the relevant facts, although I don't think there are necessarily any specifically set out penalties/remedies for that. Legally any violation ...
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3 votes
Accepted

When is a summons considered served in England if it was sent by second class post?

When is a summons considered served in England if it was sent by second class post? Three business days after the date of posting. See the 1999 Amendments to Rule 99 of the Magistrates’ Courts Rules ...
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5 votes

If someone is busking on a corner and a drug crazed preacher comes along ranting about gospel in slurred speech is there any offence?

"Does the needlessly obnoxious and antisocial manner in which they're behaving and clearly drugged intoxication create any kind of charge like disturbing the peace or something like that?" ...
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7 votes
Accepted

Are there any circumstances under which a council tenancy of a council flat in a council estate can be sublet?

The Citizens Advice Bureau states in Rights of tenants to sublet their home Rights of secure and flexible tenants to sublet Most local authority tenants are secure tenants. You are also likely to be ...
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1 vote

Is political viewpoint a protected class under equality act 2010 and other such laws and if so is it legal to discriminate against nazis?

In germany, the relevant legislation is the General Act on Equal Treatment, in particular §19 Prohibition of Discrimination Under Civil Law which says: (1) Any discrimination on the grounds of race ...
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5 votes

What is the basis/rationale for the barristers' cab rank rule?

What is the basis/rationale for the cab rank rule? The cab rank rule has been a defining feature of the English Bar for several hundred years. It original purpose was to ensure that parties to a case ...
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4 votes
Accepted

Is political viewpoint a protected class under equality act 2010 and other such laws and if so is it legal to discriminate against nazis?

Political party membership may be indirectly protected, insofar as party membership is a manifestation of a philosophical belief, but it is not a protected characteristic in itself. Political beliefs (...
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1 vote

Is it correct to ban me from a concert without providing necessary proof that I was engaged in harmful or threatening behaviour?

As I’ve learned on this site, private businesses can exercise near total discretion in who they choose to serve and transact with, though with some exceptions. In this case, I think that because they ...
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7 votes

Is it correct to ban me from a concert without providing necessary proof that I was engaged in harmful or threatening behaviour?

A private venue normally has discretion over who may attend their premises, as long as it is not because if membership in a protected class under anti-discrimination law. Note that the communication, ...
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1 vote

Making specific accusations about non-specific people

This falls under the Malicious Communications Act 1988: (1)Any person who sends to another person— (a)a [F1letter, electronic communication or article of any description] which conveys— (i)a message ...
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-2 votes

Building regulations inspection not done until almost 10 years after the works - still enforceable?

It's dependable on a couple of bits of information. Do you have or can you ascertain a copy of the work complete documentation? If so it would be a case of getting the work done and claiming the costs ...
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-3 votes

Is it illegal to turn off someone’s loudspeakers in public?

It's not illegal or a civil wrong. You can either call the Police as its a public order offence to make noise above certain decibels in residential areas, or turn it off yourself. If the content is ...
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  • 93
1 vote
Accepted

Making specific accusations about non-specific people

The answer from @kimeo is a very good one to the portion of the question related to UK defamation liability for a not expressly identified subject. I'll expand in this answer on a couple of other ...
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2 votes

Making specific accusations about non-specific people

In defamation, it's common for the statements at issue to be a bit "loose". There may be innuendo, use of rhetorical questions, deliberate vagueness, and many other devices that obscure the ...
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28 votes
Accepted

Is it illegal to turn off someone’s loudspeakers in public?

Not "illegal", but rather a "civil wrong" instead as this sounds like a (minor) case of Trespass to Chattels, being: ...an intentional interference with another person's lawful ...
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16 votes

Is it illegal to turn off someone’s loudspeakers in public?

Probably Not In most jurisdiction there is no specific law against touching another person's property without harming it. On the other hand, the person playing the recording may well not be committing ...
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15 votes

How many British statutes are in effect?

All(?) current UK legislation may be found here. It is searchable on just a word, eg: there are 61 UK Public General Acts containing the word "police". Or by type: there are 116 Ministerial ...
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  • 20.5k
7 votes
Accepted

Can statutory common law be overruled entirely in the U.S. in jurisprudence?

Current Place of Magna Carta in US law Magna Carta is not now a current statute in any part of the US. I don't think it ever was (not since the US became independent of the UK), but I am not sure of ...
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