New answers tagged

4

england-and-wales Q: Is it an offence if the target of racism only appears to be of/from a different race, colour or national or ethnic origin? Yes Q: If someone carries out an alleged act of racial discrimination / intimidation / abuse (verbal or physical) against someone they believe to be a target person, would it be a defence (or would it not be an ...


-1

Listening to airband in the UK is technically illegal, unless you are a licensed VHF radio operator (ie, Pilot /ATC officer / AFISO etc. However, the popularity and abundance of listeners, in reality means that in the UK, there is an unofficial ish dispensation meaning you will not get prosecuted for listening in, unless you are doing so for illicit ...


0

Short answer: I can't find anything saying that electronic communication doesn't count here. If you have taken the necessary steps to seek further action, doing them over WhatsApp is valid (though using a second method is recommended, if only to pre-empt "my phone broke"). Long answer: To do so, you need a letter of deadlock or "final response&...


0

Contract construction A contract means what a reasonable person in possession of all the facts known to both parties would objectively understand from the plain meaning of the words as part of the contract as a whole. If a reasonable person overhead someone saying “Get back to me in 2 weeks?” Would they understand: anytime on the day that is 2 weeks from ...


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Is mere accusation without evidence other than testimony of the accuser, grounds for arrest in the UK? It depends on the circumstances, especially when dealing with non-recent allegations where independent and corroborative evidence may be difficult to recover, but in my experience it is very rarely an option to arrest soley on the say-so of one complainant. ...


13

Witness statements are a form of evidence. It depends on what the statement was, for example "Chasly committed a verbal hate crime" is not sufficient evidence for an arrest. Sworn testimony that Chasly performed specific act constituting a crime could be sufficient evidence, e.g. "I saw Chasly bludgeon that person to death". The officer ...


3

When does an agreement start and end? I need a definition of 2 weeks deadline in UK law I highly doubt UK law provides a definition for that. When material, that precision ought to be provided in --or deduced from-- the contract itself, its nature, or its circumstances in order to override the ordinary meaning of week. The term "week" ordinarily ...


6

Your premise is a little off, which changes the question somewhat. The actual clause in the 2016 Junior Doctors contract Section 3 (52) states: Where a doctor intends to undertake hours of paid work as a locum, additional to the hours set out in the work schedule, the doctor must initially offer such additional hours of work to the service of the NHS via an ...


2

The fact that your partner is extremely clinically vulnerable makes it more important that you avoid contact. This does not allow you any special privileges to see them. If you were actually their carer, this would be different. If one or both of you live alone (i.e. are the only adult in your household) and neither of you are part of a support bubble, you ...


1

Both of the pages linked in the question are from the ICO. The other exemptions listed on the first page linked but not on the second, seem to be handled on other pages of the self-assessment tool. I have not tried to verify that every exemption listed on the fist page is properly handled, but that seems to be the case. Which exemption do you think is ...


4

The sea area in question is a Marine Protected Area, which is referred to in the united-kingdom as a Marine Conservation Zone (as per No17 on the 2016 linked list) and lies within the UK's territorial waters. What UK law prohibits this? I have discounted my initial thoughts about s.58(2) of the Merchant Shipping Act 1995 as I strongly suspect the Greenpeace ...


2

The Consumer Rights Act gives you an initial 30 days to reject it, if it is faulty, and claim a full refund from the dealer that sold it to you. After that time your rights are pretty strong for at least 6 months. It is not completely clear to me what the exceptions are, but if it is the timing chain then there can be no case that this is "wear and ...


2

English law answer: The relevant legislation here includes disabilities protections under the Equality Act, and workplace health and safety regulations. It would be possible for something health related to fall under the Human Rights Act but this woulf depend on the circumstances. It really depends on the circumstances, since this is a case of when you may ...


1

Yes they can. They are within their rights to require people not to pose a significant risk of harm to others. In fact they have a positive duty to uphold the right to health and safety of all employees, including that person themselves.


2

None You broke your contract with ParcelHero - they could take action against you. You say you sent a passport, which is clearly on the list of prohibited items and this makes it an Undeliverable Consignments. And “Customer shall be liable at all times for any and all Charges incurred by PH in returning, storing or disposing of an Undeliverable Consignment.”


1

An employee must follow the lawful and reasonable instructions of the employer If they are unable or unwilling to do so, that is misconduct and, if not rectified, is grounds for lawful dismissal. Similarly, if they are unable to fulfil the functions of their employment, even after reasonable accommodation, then they can be lawfully terminated. For example, ...


5

You are a British citizen: Born in the UK between 1 January 1983 and 1 October 2000 Whether you’re a British citizen depends on where your parents were from and their circumstances. There are different rules if, when you were born: at least one of your parents was a British or Irish citizen at least one of your parents was a citizen of an EU or EEA country ...


2

First of all, copyright law does not apply here. Names, titles, and other short phrases are not subject to copyright protection. The basic rule in such trademark cases is to avoid confusing similarities to existing trademarks. If the existing name has been protected as a trademark, and the proposed new name is sufficiently similar that reasonable people ...


0

No Being wrong doesn't breach ethical or legal requirements. If being wrong amounts to negligence then the patient might have a claim for damages.


9

What are the reasons/ legal requirements that the police might need my personal information, given that I had not been able to provide any further information/ witness testimony to the incident that they were investigating? The police in england-and-wales have a duty to undertake reasonable lines of enquiry and to carry out a proportionate investigation in ...


2

According to Consumer Rights 2015, is there a deadline from when the issue is raised to the trader to then taking action to fix it, or is it based on what deadline I set on my letter? The "deadline" is one that is reasonable in the circumstances. See s.23 of the Act: [...] (2) If the consumer requires the trader to repair or replace the goods, the ...


4

The Postal Services Act 2000 does not allow you to delay someone else's post: Section 84: 84 Interfering with the mail: general. (1) A person commits an offence if, without reasonable excuse, he— (a) intentionally delays or opens a postal packet in the course of its transmission by post ... Section 125(3)(a) defines "transmission by post": a ...


3

If you sell something that isn't a circuit breaker and claim that it is a circuit breaker, then at the very least that's covered by fraud statutes, if not more specific laws. One could face even more serious consequences, though. After all, the whole point of circuit breaker is to keep Bad Things from happening. If your fraud results in those Bad Things ...


5

TLDR: it's illegal to BUY it. It's illegal to USE it. Know your suppliers. That's certainly an interesting question, in light of how the market has changed in recent years, particularly due to Amazon/eBay, but even moreso due to Amazon Fulfillment and competitors. Over on diy.se, this is a constant vexation, because we see people buy crud like this all the ...


4

Yes, they’re called “switches” Or, more formally a disconnector - you can see some from the range of this purported circuit breaker starting on p 15 of this. Disconnectors have their application when circuit protection is provided by other means - fuses for example. The video does say this was associated with a generator and that’s an application where ...


0

In the U.S. it was considered a copyright violation to import a book printed and "first" sold out of the U.S. That changed with a SCOTUS case, Kirtsaeng_v.John_Wiley & Sons in 2008. Now "first sale" is not interpreted as having any implied geographic limitations.


2

It will be infringement by issue of a copy to the public, contrary to s.18 of the Copyright Designs and Patents Act 1988. It seems clear that the book has not previously been put into circulation in the EEA by or with the consent of the copyright owner. Hence by issuing the copy to the public you are infringing the copyright in it. Copyright law IS set up to ...


5

Can a landlord (UK, English law) make a claim from a potential tenant who wants to back out of signing a Tenancy Agreement? No. Your description reflects that in this particular scenario there is no tenancy contract. The only actual contract relates to the holding deposit, and your description suggests that both parties fully complied with their obligations ...


2

They write the debt off Purchasing debt is a risky business - that’s why they only pay pennies in the pound for them. There are many reasons why a debt may be irrecoverable: There may be no basis for the debt The debtor may have a valid counter-claim against the creditor The debtor may be able to successfully dispute the debt The debt may “age out”, that is ...


3

It's just been answered by the Court of Appeal. https://www.bbc.co.uk/news/uk-55953247 The rationale for the decision is: Interception of messages renders them unable to be used as evidence. But the Encrochat system used end to end encryption, and the captured messages were in plain text and not decrypted by authorities. Therefore the captured evidence data ...


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