New answers tagged

1

Despite your second paragraph, whether officials a Code of Conduct is legally binding is not the same question as whether the officials subject to it can be "held to account by the law". Decisions made by many public officials (though certainly not everybody in an organisation "set up by the government using public money", which would apply to many charities ...


1

Being named in the will does not actually make you an executor; nobody can execute any will until probate is granted (both legally, since somebody else may wish to put forward another will, and practically because no bank or asset-holder will give you the time of day without a grant of probate). When the single executor applies for probate the relevant ...


0

All clauses can be enforced Breach of contract by party A does not allow the party B (or C or D etc.) to breach. Or, for that matter allow further breaches by party A. The remedy for a breach of contract is damages, not relief of obligations. So, even while your client was not paying you, you were still obliged to perform your obligations under the ...


1

The main anti-cartel legislation present in the UK is taken from article 101 TFEU. Essentially, companies are forbidden to enter "undertakings" or a "concerted practice" which would have the effect of disrupting competition in the internal market, this includes: The issue for many companies here is that the words undertaking and concerted practice have a ...


1

You are under no legal obligation to pay undetermined costs for repair, even if you accept liability for the accident. You have to pay for the repair, but you will pay once there is a quote for the repair / when the repairs are carried out. What usually happens (if this case goes to court) is that the claimant, (or more likely, his insurers), would sue you (...


0

You contact Newcastle Trading Standards. Contact info is on this page although they will probably try to refer you to Citizens' Advice Bureau for 'consumer advice'. Trading Standards is the enforcing authority. https://www.newcastle.gov.uk/business/trading-standards/fair-trading (This assumes you are Newcastle-upon-Tyne and not another Newcastle)


5

a gutter cleaner drops a leaflet with phone number, and as my gutters needed to be cleaned I called him, we met and I gave him a deposit for the work in cash. The gutter cleaner put everything in writing at the back of the leaflet and signed it. In other words, you have a written contract which you fulfilled but the other party did not fulfill, so they now ...


1

In many countries, national anti-trust or competition law makes agreements between competitors, including international competitors, on pricing or other agreements considered to be anti-competitive, such as agreements to allocate market areas, illegal. The exact scope and provisions vary by country. Generally a company is bound by the law of its home country....


2

You are probably not breaching GDPR1. First, consent(art 6.1.a of GDPR) cannot be implied, but it does not require that the user formally ticks a box. If you leave a field for "E-mail to answer back to you" and the user fills it, he has already consented to you processing his e-mail for the specific purpose of answering. It would be a "clear affirmative ...


1

This needs to go before a Prize Court, a jurisdiction which in this case will be exercised by the Admiralty Court, a specialised division of the High Court. (The courtroom has two clips into which a ceremonial oar is placed to indicate that the Admiralty Court is in session). As the Wikipedia article says, "A prize court may order the sale or destruction of ...


0

Sell it and it’s cargo No doubt there will be legal challenges to this and likely injunctions taken to prevent this while they are resolved. However, assuming the UK government wins these the ship and its cargo will be the property of the UK government. They don’t want to be in the oil or shipping business so they will probably sell.


0

The agreement she signed is a collateral contract to her employment contract and would be perfectly legal. On plain reading, if the period were for a 6 months and she stayed with the company for more than 6 months (on leave or otherwise) then she would not be required to repay. However, a court is not just interested in the plain reading of the document, ...


0

Such clauses are common to the point of being de reguer in commercial leases They are more unusual in residential agreements where increases are normally at the total discretion of the landlord, as your proposed clause does. This clause actually increases certainty (i.e. reduces risk) for both parties, for a guaranteed minimum increase of 3% the maximum is ...


1

Essentially: your position is that a rent increase of that magnitude seems unreasonable; the landlord seeks to have an agreement such that they can lawfully increase the rent by 3-8% at their discretion at the end of each term; the landlord seeks to have an agreement such that you cannot legally challenge the increase. Should I be worried about this ...


1

Probably not explicitly. In 2002 the BBC reported on travellers (gypsies) holding "Trotting" races on roads: http://www.bbc.co.uk/insideout/east/series1/trotting.shtml The Hertfordshire Police said "It is not an issue for us here in Hertfordshire. They have a right to use the road as much as anyone else." Note that the RSPCA was arguing for stopping the ...


2

Racing would likely be commiting an offence under the Town Police Clauses Act 1847, Section 28 Every person who in any street, to the obstruction, annoyance, or danger of the residents or passengers, commits any of the following offences... [F23] Every person who rides or drives furiously any horse or carriage, or drives furiously any cattle


2

As for the "how is this legal?" part, it depends on what laws have been passed in the country in question: if a legislature wants to absolutely discourage smoking tobacco. Even though marijuana is illegal in the US in many states, there are general limits on arbitrary searches, so if a pregnant female is subjected to a blood search, a finding of THC in her ...


2

Yes. Anyone with the filing fee and a laptop and a printer can bring a lawsuit. And, if a medical doctor provides advice that falls below the standard of care for a physician and causes harm, it is not just possible, but likely, that a medical malpractice lawsuit would be brought. Putting something on the Internet doesn't relieve someone of liability that ...


0

It's simpler to just get a process server. Courts tend to give significant deference to process servers, and if a process server says they delivered something, the court will generally take that as fact unless evidence to the contrary is presented. I don't understand what you mean by "the live streamed video will have to be made available to the public for ...


3

You can't give your landlord a "notice to quit" A "notice to quit" is something a landlord gives to the tenant under s8 or s21. Assuming you want to end the tenancy, you would give them whatever notice is required in accordance with the lease. Why the paranoia? Ending a residential tenancy is routine and would not normally land you anywhere near a court. ...


1

An agent can advise the seller that for a quicker sale, a house should be listed at a lower price. If it is to the agent's advantage to make a quick sale, the agent can reduce the commission by whatever amount s/he chooses to help induce the seller to agree to a lower asking price. As long as this is done openly (to the seller) this should be legal. In ...


0

You sweat a declaration to that effect The authorities may or may not investigate at the time. However, if you lie and it emerges that you lied, your citizenship can be revoked as it was issued on false pretences.


6

Don't bother spending your money on a lawyer: those threats sound like bluff. You can always hire one when your former employer brings you to court, which (taking into account the absurdity of his claims) will most certainly be "never". Don't sign any agreements now, unless you need something to be signed (and in that case, make sure you understand what you'...


10

What should I do? I would take one of two approaches. Either Ignore him until he actually takes you to court, at which point hire a lawyer, or Hire a lawyer now and demand that he communicate with you only through your lawyer. I would prefer the first course of action because I assume that either he will run out of steam eventually and stop bothering you,...


34

What should I do? Don't get intimidated, don't sign/accept/submit to his "agreement" now that you are securing employment elsewhere, and make sure that henceforth all your communications with the CEO & his startup be --or continue to be-- in writing. The CEO's attempt to be reimbursed is pure non-sense because hitherto there is no mutually agreed ...


3

Get a lawyer. Maybe he actually has legal standing, maybe he hasn't. A professional lawyer can look at all the paperwork and then advise you what to do. Anonymous strangers on the internet are not going to be of any use to you, because they don't know all the details.


Top 50 recent answers are included