New answers tagged

1

"Wholly unconnected with your employment" means exactly that. Anything that is not connected to your functions or processes that you use in the course of your employment that your employer would have an interest in either protecting or marketing. Writing a book about software development If you are just a software developer, this would be fine ...


0

Yes, that is correct - everything you have said is accurate.


4

The word "dishonestly" is defined in the act (1)A person’s appropriation of property belonging to another is not to be regarded as dishonest— (a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or (b)if he appropriates the property in the belief that ...


2

A figurine, or other artwork, that is clearly based on the published images, or on the published description, of a fictional character in a copyrighted work would be a derivative work. To publish, display, sell, or distribute such a work without permission would be copyright infringement, and the copyright holder could sue for damages. Whether something is ...


2

If the conditions at s.17 and s.24 PACE 1984, and PACE Code G are satisfied for the offence of rape then there is no requirement for a warrant.  Once the suspect is in police custody he may be further arrested for suspected harrassment if any of the necessity criteria are met - this will depend on the particular circumstances of the case. An either way ...


0

This is more practical than legal. The company in India are unlikely to have any right to make the demands they have, but you have no immediately practical way of enforcing any rights you may have. The costs of an action might easily exceed the values involved. You have no reason to trust the people who are asking you for this money. Talk to somebody you can ...


0

Here is a web page detailing some guidance from the UK Government regarding making green claims on products. https://www.gov.uk/government/publications/make-a-green-claim 6.1 Trading Standards Use Trading Standards for advice on how to deal with complaints. Enforces consumer protection legislation and can advise you on how to deal with complaints. Phone the ...


8

In the US, it is or is not, depending on the jurisdiction. One question is what to call it. In Oregon it is called "harassment" A person commits the crime of harassment if the person intentionally: (a) Harasses or annoys another person by: (A) Subjecting such other person to offensive physical contact... In Washington, there is no statutory ...


22

In England and Wales, deliberately spitting on someone is classed as battery under the common assault category of the Criminal Justice Act 1988. Corresponding legislation has been enacted covering Scotland and Northern Ireland. Battery is the application of unlawful force, and as well as spitting, covers incidents of pushing and slapping. Spitting, if done ...


5

Most likely yes if you are subject to UK or EU laws: The EU ePrivacy directive and implementing laws such as PECR in the UK require that you obtain consent before accessing information on a user's device, unless that access is strictly necessary to perform a service requested by the user. Cookies and similar technologies such as LocalStorage are stored on ...


3

If they have no legal grounds then it would be trespass to chattels However, they do have legal grounds. Following the procedure laid out in the relevant Act makes the car refuse under the Act notwithstanding your opinion. Move it or lose it. Or seek an injunction preventing the council removing the vehicle- this will likely fail.


3

Yes. Being a sequel or using the other assets, in either case, you are making a derivative work. Without a license, you infringe on the right holder's exclusive right to make or license derivative works: A sequel is usually a classic case of "how the story unfolds further". See Anderson v. Stallone, where the author of an unlicensed sequel script ...


1

You can't legally represent someone without being authorised or exempt under sections 18 and 19 of the Legal Services Act 2007: This is because both the "right of audience" and the "conduct of litigation" is a reserved legal activity under section 12 of the Act: (1) In this Act “reserved legal activity” means— (a) the exercise of a right ...


4

It would depend on your intent, among other things If the prosecution stand a reasonable chance of proving you intended to kill that person by infecting them with coronavirus, they may choose to charge you with attempted murder. Obviously, it would be highly fact-specific. In the alternative (and the far more likely prospect) they could charge you with ...


0

It is unlikly that a treaty (grant/charter) that was never in force would be used as a claim in a negotiation. A treaty, just as a contract, cannot be simply be changed by one party. So an 'expansion' from '50 boats from Bruges' to 'all the boats of Belgium (or the EU)' would not be done by an experienced negotiation team. Based on the little that is known ...


2

Building regulations You most likely do risk invalidating the insurance policy. Such indemnity policies typically have clauses to say that you mustn't carry out any action which alerts the local authority to the situation. The risk from the insurer's point of view is that if the local authority are alerted they may decide to take enforcement action against ...


1

There are two main differences between a SAR and a FOI request. A subject access request is about your personal data held by any organization, whereas a freedom of information request is a more general one about information held by government organizations. Example SAR: I'd like to see my credit file. Example FOI: I'd like to see the report saying that '...


2

It can be both Many common law jurisdictions have codified common law crimes in statute. However, unless that (or another) statute abolished the common law crime then the statutory crime and the common law crime exist in parallel. You would need to look through all relevant statutes to see if the common law crime was abolished. For an example, s80AD of the ...


1

Your solicitor owes privilege to you What you tell them for the purpose of getting legal advice or litigation (which divorce is) is privileged which means it can’t be subpoenaed or disclosed unless you or your lawyer voluntarily decide to do so. Your lawyer does not need your permission to disclose it but, if they do, they have to have a genuine belief that ...


1

The type of claim that would be brought in such a case would be under the Occupiers’ Liability Act 1957. The volenti defence is spelled out in the 1957 Act at s2(5): The common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor (the question whether a risk was so accepted to ...


1

Where is the threat of imminent harm? Self-defence in English law requires a reasonable (subjective) belief that an attack is imminent or actually underway. If you reasonably believe that this is a genuine prelude to imminent attack and not, as described, someone just being a prick then reasonable (objective) force can be used.


3

Warranty is company policy. It could be considered part of the contract of sale, but it would still be what the company stated it - at time of purchase - to be. Unless the warranty lists accidental damage as being covered, it looks like the company are following their policy and fulfilling the contract. If you were looking for legal redress since accidental ...


3

No, you cannot DBS (formerly CRB) check a customer DBS checks can only be carried out within an employment or volunteering context, provided specific conditions (such as the profession, work, or type of job) are met. It is not possible to lawfully conduct a DBS check on a customer or supplier, for example - because they are not an employee or a volunteer for ...


4

Firstly, this had nothing to do with trademark or copyright infringement as the question and one of the answers suggest. This was an action taken under Section 69(1) of the Companies Act 2006 which states: A person (“the applicant”) may object to a company's registered name on the ground (a) that it is the same as a name associated with the applicant in ...


12

The simplest way to "resolve" this situation is to Change the name of your company to something that doesn't contain or resemble the word "javascript" and Pay £800 costs to Oracle. The alternative is to appeal to the High Court, but you would need a lawyer who is an expert in company law and some reason to think that an appeal is likely ...


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