New answers tagged england-and-wales
4
votes
Does the UK have non-driver license photo ID cards?
There is:
the Citizen Card
the Pass Card
These both implement the National "Proof of Age Standards Scheme" endorsed by the Home Office and the National Police Chiefs' Council.
- 36.5k
5
votes
Recourse for biased judges presiding over trial
new-zealand
Recusal is not an option. The guidelines require the presence of "circumstances" that might possibly lead to a "reasonable apprehension" that the judge is biased. ...
- 24.5k
3
votes
Recourse for biased judges presiding over trial
Alice has unrealistic expectations
The law does not require that Alice be given special allowances because she is not as skilled a litigant as a trained lawyer. It is not the court’s role to assist ...
- 192k
1
vote
Are tribunals fully adversarial?
Generally not
A tribunal is not a court and does not necessarily operate the way a court does. It operates the way Parliament has set down for it in the enabling legislation and regulations.
Usually, ...
- 192k
0
votes
Can courts be expected to proactively research and have regard to relevant case precedents?
Yes
A court must get the law right even if their attention was not drawn to it by the parties. However, one of the other things the court must do is afford the parties procedural fairness.
So, a judge ...
- 192k
1
vote
Is there or will there be any written reasoned decision in the preliminary issue ruling of Kirsty Ayre on protection of opposition to CRT?
It’s now available on a third party outlet’s website here: https://www.personneltoday.com/wp-content/uploads/sites/8/2023/09/2023-09-13_EJ-Ayre-Corby-vs-ACAS.pdf
- 7,155
5
votes
Accepted
Is the reasoning of the decision deeming ethical veganism a protected philosophical belief available to read?
Casamitjana v The League Against Cruel Sports [2020] UKET 3331129/2018 (21 January 2020) was a preliminary hearing on this issue; that is, prior to the determination of the actual dispute between the ...
- 3,357
4
votes
Where can I find written decisions of the Employment Tribunal in England and Wales?
"Written judgments are always issued and "[t]he Employment Tribunals are required by law to maintain a register of all judgments and written reasons."
Decisions of the Employment ...
- 36.5k
6
votes
Recourse for biased judges presiding over trial
united-states
Alice has no meaningful recourse. She has no legitimate argument to request that the judge recuse. If the judge makes a mistake of law, that can be appealed. Otherwise, she's stuck. In ...
- 186k
1
vote
Recourse for biased judges presiding over trial
canada
While no verdict has yet been handed down, but Alice has serious concerns as to the conduct of the trial and the impartiality and propriety of the judge in presiding over it, what recourse ...
- 36.5k
2
votes
Are tribunals fully adversarial?
canada
Neither courts nor tribunals are entirely adversarial.
The functioning of a tribunal lies on a spectrum from adversarial to inquisitory. For an example of the latter, see the Refugee Protection ...
- 36.5k
3
votes
Can courts be expected to proactively research and have regard to relevant case precedents?
united-states
Can courts be expected to proactively research and have regard to
relevant case precedents?
Courts in the U.S. are allowed to proactively research the law, including the case law, in ...
- 186k
1
vote
Accepted
Can courts be expected to proactively research and have regard to relevant case precedents?
Legal systems that derive from English law are generally "adversarial", which means that the courts rely on the party that would most benefit from something to be the one to do it. The ...
- 5,434
1
vote
Can courts be expected to proactively research and have regard to relevant case precedents?
The courts are expected to not favor one side over another, they are supposed to treat both sides equally. Therefore they weigh all arguments set before them equally, and do not spontaneously do ...
- 206k
6
votes
Accepted
Where in the law is the notion of a squatter defined?
"Squatter" is not a precisely defined legal term. It is often used to describe someone who is claiming to have a right to adverse possession. One legal dictionary defines "squatter"...
- 36.5k
6
votes
Accepted
Why were the sentencing remarks for Anne Sacoolas available online?
Sentencing remarks are broadcast by Sky News and hosted on their YouTube channel.
Regarding written remarks, this word doc answers a Freedom of Information Act request:
What criteria do you use for ...
- 36.5k
3
votes
Accepted
What court was Anne Sacoolas tried by?
The sentencing remarks note the proceedings occurred in the Central Criminal Court, short for Central Criminal Court of England and Wales, also known as Old Bailey. This is a location of the Crown ...
- 36.5k
4
votes
Why was Anne Sacoolas not committed for contempt of court?
CIA employee Anne Sacoolas skipped bail when she was supposed to appear for her sentencing for running over and killing a British youth.
No. Your timeline is all messed up, the language extremely ...
- 31.4k
2
votes
Why was Anne Sacoolas not committed for contempt of court?
"Her excuse was that her employer had instructed her to do this": this is a seriously deficient description of the situation, apparently either misguided or willfully disingenuous. Her &...
- 34k
4
votes
Accepted
Is the CPS a data controller for its defendants?
Yes.
Privacy Notice - Crown Prosecution Service (CPS)
... The CPS is the data controller for all data referred to below.
...
... In general, personal data is held by the CPS about defendants,
victims ...
- 12.2k
5
votes
Accepted
Must Alice provide ingredients for baked goods she sells produced by a third party
england-and-wales
Alice's Restaurant is not required to provide information about all the ingredients in non-prepacked food.
Alice's Restaurant is required to provide allergen information about any ...
- 12.2k
3
votes
Must Alice provide ingredients for baked goods she sells produced by a third party
No
australia and new-zealand have common food labeling laws. The NSW Government provides a simple quiz to determine if a label is required. Based on your description, the answer is no.
Alice must be ...
- 192k
2
votes
In UK, how hard can you hold a builder to their quoted price?
You define the scope
That is, what the builder will do, and what the builder won’t do. This is no different from any other contract.
If the scope does not vary over the course of the contract, then ...
- 192k
2
votes
What is the difference between a money order and a money judgment?
england-and-wales
They are similar in that they both say what a debtor must pay to a creditor and the deadline for payment.
A 'money order' is a type of court order.
Sometimes other types of court ...
- 12.2k
3
votes
What is the difference between a money order and a money judgment?
united-states
In American English, a "money order" is a low dollar value cashier's check issued by a non-bank institution in most cases, while a "money judgment" is a court ...
- 186k
2
votes
Accepted
When and how did the adversarial aspect of the criminal justice system originate, and to what extent is/was it actually adversarial?
To answer the history question:
The adversarial system we use today in england-and-wales is the product of centuries of development of law, politics, religion and bureaucracy.
We label a set of ...
- 12.2k
4
votes
Accepted
Is it reasonable for a data controller to require proof of one’s address before honouring a subject’s right of access
england-and-wales
It depends.
Article 12(6) GDPR says:
Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request ...
- 12.2k
4
votes
When and how did the adversarial aspect of the criminal justice system originate, and to what extent is/was it actually adversarial?
canada
To answer only one of the several questions (questions should only ask one question at a time):
If the crown is supreme (and can apparently be trusted to be impartial and exercise judicious ...
- 36.5k
1
vote
What is the most likely offence, if any, committed in England by vegan extremists displaying graphic footage of slaughter in public?
united-kingdom
The material shown in the example is of two clearly distinct classes: on the one hand, there's sexual material, and on the other, there's any other shocking material of animal cruelty. ...
- 31.4k
3
votes
Accepted
Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?
england-and-wales
There is always a first hearing in magistrates' court.
The magistrates' court hears the defendant's plea, decides where to send the case for trial or sentencing and decides bail.
...
- 12.2k
4
votes
Accepted
What is the statute of limitations for making false police reports?
england-and-wales
If the offence is considered to be a summary only offence such as Obstructing a Police Officer, s89(2) Police Act 1996, or Wasting Police Time, s5(2) Criminal Law Act 1967, then the ...
- 12.2k
5
votes
Accepted
What was the closest parallel to common assault prior to CJA 1988?
The Criminal Justice Act 1988 didn't "define" common assault, it made common assault and battery summary offences (s39 Criminal Justice Act 1988).
In england-and-wales common assault is an ...
- 12.2k
4
votes
Legality of charging customer service for one’s time spent dealing with them
He already has a contract with the company
It’s unlikely that will require the company to pay him for time spent dealing with them but, if it does, then it would set a rate for this. All the contracts ...
- 192k
3
votes
Accepted
Legality of charging customer service for one’s time spent dealing with them
I think the courts might be loath to accept the logic here.
The starting point is that courts expect each side to allow a reasonable amount of time and effort for communicating about a dispute or ...
- 1,570
1
vote
Legality of charging customer service for one’s time spent dealing with them
You ask whether an agent of a corporation (e.g. a customer service representative) can accept on behalf of the corporation a contract offered to them that would have the corporation pay the offeror a ...
- 36.5k
3
votes
Moving into dirty property? What are my rights [England]
Certainly there are laws that say the property must be "habitable".
The question is likely to be simply whether it is or not.
A sole shopping trolley in the garden isn't likely to have an ...
- 1,570
2
votes
By what principle may county courts in London be expected to follow certain past decisions?
County Court judges aren't obliged to follow the decisions made by County Court judges in prior cases with similar facts and issues.
However, assuming the County Court judge's decision isn't subject ...
- 12.2k
1
vote
Accepted
When and where are decisions by the various tiers of the county court binding?
Is there such a thing as “circuits” of the court as there apparently are in the USA and as circuit judges are apparently named according to?
Just answering this question narrowly.
The original idea ...
- 1,570
3
votes
Accepted
When are county court decisions binding upon the “London region” of the county court?
County court decisions don't have binding authority.
HM Courts & Tribunals Service defines the regions.
For convenience, here are maps of locations of the HMCTS estates for the London region - I ...
- 12.2k
1
vote
What is a “designated civil judge” of a county court?
https://www.lawsociety.org.uk/topics/solicitor-judges/apply-for-circuit-judge-vacancies#:~:text=Designated%20civil%20judges%20have%20overall,judges%20and%20fee%2Dpaid%20judiciary)
Designated civil ...
- 7,155
5
votes
Can a terminated commission based legal representation relationship give rise to expectation damages in England?
canada
The client can always terminate the solicitor-client relationship at will, without penalty. This is a principle recognized in professional codes and at common law. This principle is based in ...
- 36.5k
1
vote
Can dress codes arbitrarily/unilaterally define types of garments?
The precise rationale will of course vary from one jurisdiction to the next, but I don't know of any sex-discrimination laws that would prohibit this.
What you're describing is not sex discrimination, ...
- 55.8k
1
vote
Is it lawful to maintain different, independent dress codes for male and female guests to a business/venue?
england-and-wales
Regarding the question in the headline:
Generally the business or venue organisers can set the rules for who is allowed entry and service, provided there is no discrimination based ...
- 12.2k
0
votes
Can one define custom penalties for copyright violations as the copyright holder?
I don't think you can actually define a custom penalty in the sense that law enforcement will go out and collect it for you of their own accord.
But you could absolutely sue for copyright infringement ...
- 1,165
1
vote
Is it lawful to maintain different, independent dress codes for male and female guests to a business/venue?
canada
Where the dress code is imposed in a domain to which human rights codes apply (e.g. in accommodations, services, or facilities: B.C. Human Rights Code, s. 8), "[d]ress code requirements ...
- 36.5k
6
votes
Offering to “settle” a criminal matter as a private citizen
Historically, all prosecutions were "private prosecutions", and the right of a private citizen to trigger a prosecution and conduct a criminal case is a legacy of this.
A key tenet of ...
- 1,570
4
votes
What form of legal action is being taken by Ellen Elphick against the Royal ballet school?
This is a developing story, and so it is not clear where the legal action will end up, or indeed where it is right now - it's not obvious that there is any litigation yet, perhaps only the spectre of ...
- 3,357
7
votes
Are punitive contractual clauses enforceable?
england-and-wales
The law which forbids punitive contractual terms in England and Wales derives from common law precedent perhaps best described by Lords Neuberger and Sumption in ParkingEye v Beavis:
...
- 419
2
votes
what is the time limit on seeking costs orders for county court judgments?
canada
What is the usual manner for seeking costs orders for court judgments?
The usual manner is to ask for costs as part of the initiating pleading.
and can it be done after the fact... ?
As ...
- 36.5k
15
votes
Are punitive contractual clauses enforceable?
england-and-wales
The courts are generally loath to recognise that a party has anything but an economic interest in the performance of a contract.
And that the party's interest is not in strict ...
- 1,570
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