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31 votes

Legal basis of statement by British Food Standards Agency that companies may label as "sunflower oil" what is not sunflower oil?

What statutory or prerogative authority is the FSA exercising when it allows such false labelling? As other answers have noted, they have executive discretion to "turn a blind eye" to what ...
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5 votes

Legal basis of statement by British Food Standards Agency that companies may label as "sunflower oil" what is not sunflower oil?

What statutory or prerogative authority is the FSA exercising when it allows such false labelling? The Food Standards Act; 1,2 grants the Agency the right to act in the public interest to protect ...
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17 votes

Legal basis of statement by British Food Standards Agency that companies may label as "sunflower oil" what is not sunflower oil?

Executive discretion In common law jurisdictions the executive has the prerogative to enforce or not enforce particular laws. The courts will not interfere provided that prerogative is executed for ...
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1 vote

Limits of automated decision making WRT workplace surveys

Workplace surveys aren't ATM, which is good because ATM wouldn't be permissible in a workplace context. The GDPR's concept of automated decision making (ADM) refers to decisions that are based solely ...
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1 vote

Can an employee pay for boss' things?

Can this happen? Sure. Is it legal? Oh my, no. It’s clearly an illegal tax avoidance scheme.
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  • 147k
3 votes
Accepted

Does a non-commercial software project constitute an outside activity and does declaring it to my employer risk any transfer of IP?

There is no fixed definition in the law of "outside activities" that is applied generally. This will depend entirely on how the employment agreement defines it, and/or how the management of ...
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  • 89.2k
1 vote

Employer ran credit check without my consent

An employer should notify you if carrying out a credit check on yourself. That said, if you were joining a finance firm or a bank etc - a credit check should be expected due to the nature of the ...
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  • 31
0 votes

Limits of automated decision making WRT workplace surveys

Automated decision making is decisions made by algorithms without human involvement Looking at DJS’s research, there is no suggestion that decision making is automated.
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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

UK - Privacy Policy requirements for website with no tracking

Sounds like you're pretty much set. Serving a website inherently involves processing of personal data. You have minimized this processing to what you consider the minimum, taking into account your ...
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  • 17.1k
2 votes

What are my obligations towards goods received with no payment request?

You are probably obliged to pay for them if and when they ask If they don’t ask before the statute of limitations expires, they can’t make you pay. You say “I informed the company I didn’t want them ...
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  • 147k
2 votes

What are my obligations towards goods received with no payment request?

What are my obligations towards goods received with no payment request? An invoice implies a payment request unless the invoice or something in the package has some indication of waiver. You mention ...
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1 vote

What are my obligations towards goods received with no payment request?

You didn’t specify a location. So generally the situation will likely be this: 1. They have no rights to payment. 2. They have the right to pick up the goods, at their expense, at a time suitable to ...
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  • 24.5k
3 votes

Sexting with a minor overseas

The legal age of consent in the United Kingdom is 16 years old, and the legal age of consent in Algeria is also 16 years old so "sexting" itself would not be against the law. However, it is ...
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-4 votes

The burden of proof in UK civil trials

Personally, I think the concepts refuting and proving is not all that accurate in a law setting. You only really have to 'prove' your case is more probable than the.opposition. This is not proving in ...
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2 votes

The burden of proof in UK civil trials

These statements are consistent, because you are ignoring a third possibility: a case where the evidence is perfectly balanced, i.e., the evidence makes it neither more nor less than 50 percent likely ...
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2 votes

The burden of proof in UK civil trials

First of all, law is not mathematics and it is futile to try to assign an "exact" statistical percentage or apply Bayes' theorem in any specific case unless the facts of the case are ...
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  • 2,617
1 vote

Vodafone offering lifetime free unlimited talk text and data to Ukrainian refugees - unlawful discrimination?

No Section 158 of the Equality Act 2010 allows "proportionate means" to "overcome or minimise ... disadvantage". This is why charitable acts targeted at a particular nationality, ...
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  • 147k
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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1 vote

Vodafone offering lifetime free unlimited talk text and data to Ukrainian refugees - unlawful discrimination?

EDIT: This answer addresses a previous version of the question which has since been edited. The first part of the answer is still relevant, the second part I'll preserve here but can be skipped for ...
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  • 4,301
1 vote

UK - Can an executor evict a mentally ill family member engaging in elder abuse?

Occupancy of a co-owned property in England is governed by Sections 11-15 of TOLATA (1996). The default rule is that an equitable owner of real property is entitled to occupancy, but that can be ...
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  • 129k
2 votes

UK - Can one person owning 50% of a house force a sale?

Short Answer Is it possible for a single owner to force a sale assuming it's 50-50. Are there any exceptions to the rule? A single owner can request that a court order either a sale, or a buyout, or ...
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  • 129k
2 votes

UK - Can an executor evict a mentally ill family member engaging in elder abuse?

An executor executes a will according to the wishes of the will. This involves disposition of the estate. Almost certainly the mental state of humans is not material to the disposition of the estate....
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5 votes

Can I store the names of arbitrary business associates in my CRM system?

The answer by Amon is quite correct. But I want to mention a few other GDPR requirements. When a Data Controller (DC) first acquires Personal Data (PD) about a Data Subject (DS), the DC must send the ...
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13 votes

Can I store the names of arbitrary business associates in my CRM system?

The GDPR does not outlaw such processing of personal data. It merely regulates how and for what purposes you can process personal data. In general, you can conduct any processing activity as long as ...
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  • 17.1k
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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  • 17.5k
0 votes

What happens if some of the information provided when subscribing a car insurance are incorrect?

If you have not been insured with the same company since the claim I doubt they even have your data or the claim data anymore. At best they would keep it 10 years while they can delete it after only 6 ...
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  • 93
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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  • 93
-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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  • 93
1 vote

UK Fence Height

It depends where the fence is. For fences facing a public road the maximum is 1m. For fences not facing a public road you can go up to 2m. Higher is possible but requires planning permission. This ...
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  • 1,655
-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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  • 129k
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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  • 21
1 vote

What is the history of visas and when did they begin to become requirements for entering a country?

W.r.t. the US, visas were introduced by the Immigration Act of 1924, which declares that §2. (a) A consular officer upon the application of any a co immigrant (as defined in section 8) may (under ...
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  • 156k
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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  • 20.5k
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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  • 89.2k
7 votes
Accepted

What law(s) did Paul Bussetti break when he burnt the model of Grenfell Tower?

The first sentence of the cited article reads: A man has admitted sharing a grossly offensive video of a cardboard model of Grenfell Tower being burned on a bonfire. Section 127 of the ...
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  • 20.5k
0 votes

Where does the burden of proof lie with a Warranty repair

There is "warranty" which is what the company gives you voluntarily. Whatever they said in their warranty terms is what counts. And there are "statutory rights", which are your ...
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  • 24.5k
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
1 vote

Consequences for vendor not fulfilling signed contract on a property?

Notice to Complete new-south-wales It is standard for real estate sale contracts to have a Notice to Complete clause which allows the party that is ready to settle to serve a notice on the defaulting ...
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