New answers tagged

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Jurisdiction: england-and-wales There are two separate issues here; the pre-action protocol, and the limitation period. Pre-action protocol I'm assuming that for the cause of action there is no specific pre-action protocol. If there is, then you should comply with that protocol. Otherwise, the general Practice Direction - Pre-action Conduct and Protocols (...


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There are two legal jurisdictions in the Channel Islands, the Bailiwick of Guernsey and the Bailiwick of Jersey. The law in Guernsey differs from the law in the UK partly because the Common Law developed differently (more Norman influence on Guernsey than on England) and partly because Guernsey and the UK have different legislatures and so pass different ...


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This answer is an expansion on ohwilleke's answer, which explains that the reason probably involves avoiding conflicts of interest with other clients. The relevant provisions in england-and-wales are to be found in the Solicitor Regulation Authority's Code of Conduct for Solicitors, RELs, and RFLs which has statutory force by way of sections 31 and 32 of the ...


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The purpose is to avoid the possibility that the solicitor will inadvertently end up providing advice to more than one side of the same dispute or transaction, putting the solicitor in a conflict of interest situation. In the simplest case, the solicitor might already represent the landlord that the tenant is seeking to discuss legal rights vis-a-vis. Even ...


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You must do what you contracted to do You contracted to pay rent from Dec 2020, they contracted to provide housing from Dec 2020. They did provide the housing, the fact that you were unable to use it is your problem, not theirs. There is an exception if the the reason you can’t use it is due to some act or omission of theirs but that appears not to be the ...


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The justices of the JCPC are mostly the same people as for the UK Supreme Court (formerly the Judicial Committee of the House of Lords) but legislation directs certain appeals to the JCPC rather than the UKSC where there are constitutional sensitivities which mean that the court needs to be seen as separate from the UK - most obviously appeals from courts ...


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Yes, they are significant transactions. For the purposes of Companies House, the company is not dormant. My answer does not address the position for HMRC. Section 1169 of the Companies Act 2006 provides (emphasis mine): (1) For the purposes of the Companies Acts a company is “dormant” during any period in which it has no significant accounting transaction. (...


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Talk to a lawyer Tell them what you want to happen and they will draft a will for you that makes sure what you want to happen does happen. They will also raise possibilities that you haven’t though of yet: like what if your sister pre-deceases you, or what if you have more than just this child when you die etc.


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Yes, those are significant transactions The fact that the net effect of all those transactions was zero is irrelevant. By the definition, the company has “not traded all of its costs and activities were “preliminary”.


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Causing a third party (in this case the NHS) to make a payment to your doctor could in theory constitute good consideration. The main problem with the argument that an NHS patient has a contract with their doctor, would be the lack of intention to create legal relations (which is a requirement for the creation of a contract). When you book a consultation, ...


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Your consultation causes the NHS to pay the physician — Patient's Consideration to Physician. That’s not consideration. Consideration must flow from one party to the other. Payment by a third party does not create a contractural relationship between the other two. The NHS is providing a government service to the patient. Actions of government as a ...


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Generally, no Police cannot enter private property subject to a number of exemptions: they have a search warrant, or when in close pursuit of someone the police believe has committed, or attempted to commit, a serious crime, or to sort out a disturbance, or if they hear cries for help or of distress, or to enforce an arrest warrant, or if invited in freely ...


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united-states In the US police officers may not lawfully enter a dwelling unless one of the following situations apply: A resident consents to their entry; The officer has a properly authorized warrant, based on probable cause; One of the exceptions to the warren rule applies, particularly exigent circumstances This covers the case where officers actually ...


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The NHS system was introduced in the UK in 1948. I think Lord Devlin is referring mainly to the system before the NHS was introduced. Before 1948 doctors would charge patients a set fee for a consultation but if the patient was poor the doctor might decide not to accept a fee. Hence no consideration and so no contract. Although Lord Devlin is writing in 1963,...


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You missed a bit: Unless, of course, the patient was a private patient and the doctor accepted half a guinea for his trouble: As well as the state-run National Health Service (which is generally free to most patients) the UK also has a number of private health care providers where patients pay, for example, to be treated sooner than they would if they went ...


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English law prohibits (in certain fields - e.g. employment) both direct and indirect discrimination in relation to a "protected characteristic". Protected characteristics include "race" (the definition of which includes colour, ethnicity, and national origins). An example of direct discrimination would be if you required an employee to be ...


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Before getting into the technical answer to this question it is worth noting that when matters of a constitutional nature are involved then in practice it is not just a matter of a technical "legal" answer. Students and academics like to pose hypothetical questions such as "What would happen if the Queen refused assent to a Bill?" or &...


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All solicitors are required to have an internal complaints process, so if you have an issue with the service provided you should register a formal complaint with the firm. If that doesn't solve it, the next step is to go to the Legal Ombudsman - or to the Solicitors Regulation Authority (SRA) if there's a suspected breach of their Code of Conduct. This link ...


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When does a threat become a crime? Short Answer: When it is an unreasonable request (i.e. a demand) that is unjustified in the circumstances (i.e. unwarranted) in order for someone to gain or lose something. Long Answer: I will only offer a general answer according to UK law as there is insufficient information in the Richard Barnard link (presumably as it ...


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You didn't form a contract in the sense of a legal document stating your intentions and terms. Instead, you formed what the courts call an "implied in fact" contract, where your agreement to the terms is implied by your actions. You may not have believed you were agreeing to pay for anything, but contract law generally ignores evidence about what ...


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This practice is probably not illegal, but I think it is at best ethically dubious. The invoice specifies ""Advising in relation to employment agreement with X", but according to the question no advice about X was given or even asked for, and while advice about Y was discussed, no such advice was given. That suggests that the asker owes the ...


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england-and-wales only Do the police have the capacity to compel an arrestee to not make a phone call, either with or without taking physical possession of the phone? Short Answer: At the time of arrest - yes Does the arrestee have the right to inform a third party of the arrest prior to complying with such a compulsion? Short Answer: No Long Answer: ...


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The rule applied by councils in the UK is that a person is not normally resident in a property if they have alternative accommodation in which they normally pay Council Tax. A certain amount of leeway is given for "guests" staying at a property, but broadly speaking, you need to let the council know that you have someone else staying in your house &...


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Notwithstanding the current COVID-19 regulations, I cannot find any Scottish law, regulation or rule that prevents a lawful tenant from having long-term visitors. However, it may (or may not) be a breach of the tenancy agreement depending on its terms which is where one should look for a definitive answer.


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Just to add to DaleM's answer: as well as deducting allowable expenses, dividends are taxed as part of one's total income after taking in to account the relevant Personal Allowance and Dividend Allowance: You do not pay tax on any dividend income that falls within your Personal Allowance (the amount of income you can earn each year without paying tax). [£12,...


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A company pays tax on taxable profit That is, taxable revenue less tax deductible expenses. Not all revenue is taxable and not all expenses are tax deductible. Capital gains are also taxed differently from normal revenue. If the company invests in stocks (by which I assume you mean shares in publicly traded companies and not herds of cattle or flocks of ...


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Sorry. I know this will be downvoted. Sovereigns are not bound by laws, they are bound by channels of obedience. If the sovereign says it is legal, then it is legal. If the sovereign says it is illegal, then it is illegal. This includes sovereigns composed of systems. Not everything falls under lawful or unlawful. There is just and unjust as well as power ...


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