New answers tagged

0

Could you insure yourself either given the fact that- you bought the property on mortgage? A mortgage does not generally have the legal effect of insurance. You owe the debt to the lender, which is a strict liability obligation, without regard to the value of the collateral. So, if the collateral is devalued, you still owe the debt, whether or not the ...


7

The child C cannot receive anything as a "gesture despite the Will" if everything in the Will is left to B; unless B agrees to a Deed of Variation the Executor is legally bound to follow the instructions in the Will. C may have a claim if he is dependent on A at the time of A's death and A has failed to make provision. It is possible that A's sibling S ...


0

There is no easy way to guess. If you are buying, your solicitor will usually do a planning search, but you can usually search for planning applications on the local council website yourself, as well as reading development and regeneration plans. Local newspapers/social media can also be informative, especially if there are already active residents' groups. ...


8

If this were English Language SE, I'd suggest "Hobson's choice" or "exploitative" (not making a judgment as to whether it actually is exploitative, just saying that "exploitative" describes how you feel about it), but since you are asking for a legal term, there's contract of adhesion, which is a contract that is presented with no negotiation allowed and an ...


4

A person can be a shareholder or director of a UK company without being in the UK. Being a shareholder or director of a UK company does not give a person a right to be in the UK. The 3C leave extension is unrelated to this. A person with 3C leave may remain in the UK on that basis regardless of whether the person is a shareholder or director of a company. ...


2

if we as a company have a DNS record we did not update and we're now pointing to an IP address we don't own, if an attacker used our DNS record to access the web application and then used the Remote Code Execution vulnerability are we in any way legally responsible for this? Bearing in mind that the server is regardless accessible to the world and ...


48

If I did not sign promotion bonus document, my career would be over. Is this duress? No. The premise is hardly true or even logical, and what you describe falls short of duress. Not every imbalance of bargain power implies duress. First, it seems that you could have declined the bonus, thereby preempting the sanction/remedy for leaving within 12 months. ...


2

They are Well, almost. They are in the process of reducing the time from 30 to 20 years by doing 2 years at a time between 2013 and 2022 - right now it’s a 23 year rule. I guess you found a webpage that hasn’t been updated.


3

Section 30 of the Interpretation Act 1889 (PDF only) says In this Act and every other Act, whether passed before or after the commencement of this Act, references to the Sovereign reigning at the time of the passing of the Act or to the Crown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and ...


3

A traffic accident is often not a crime even when someone is injured. So suing the police is unlikely to get you anywhere. You can get a lawyer and ask what your chances are to sue the driver who is the person who actually caused the injury, not the police.


2

Sure, it can But it doesn’t mean what you think it means It means that if you bring IP into the company then you will indemnify your employer if it turns out you nicked it. So if you had worked at Oracle and then worked at Google, you would indemnify Google if you used great swathes of Oracle’s IP in your work at Google.


2

There are certain crimes in the UK in which, if you commit the crime, not only can you be punished in a criminal trial, but you may separately be sued by the victim for compensation. In this case, you are the victim of assault and battery, since assault and battery is also a "tort against the person", you may sue for damages caused by the assault. The ...


3

The important question is: was the £200 a fine (which is paid to the state) or compensation (which is paid to you)? Assuming it was a fine He doesn't (at the moment) owe you anything. However you can sue him for damages. Usually a claim for damages is time-barred after six years (and it is now seven years). However you weren't able to sue him yourself ...


4

No. There are almost no constitutional lawyers (at least, that I have seen make pronunciations on the subject) who seem to think that this is a serious means of forcing a no deal Brexit; such an attempt would be obviously unconstitutional and would almost certainly be injuncted in court within hours of such an order being issued. Orders of council cannot ...


2

Worst case - you go to jail Technically, obtaining a loan by lying is fraud in every jurisdiction I know about. If it turned out you were unable to pay and investigation showed you had lied, the lender might report you to the police who might charge you.


5

Generally speaking, British courts, when making judgments on constitutional matters regard themselves as interpreting existing law, rather than creating new law. But technically speaking, any legal precedent established by a court can be interpreted as "creation of new law". For the avoidance of doubt, the sources of law in the law of England and Wales ...


7

The sovereign has the power to prorogue parliament at will, but actually exercises the power only on the advice of the PM (actually, according to paragraph three of the decision, it is exercised on the advice of the privy council). Other of the sovereign's powers are delegated to the courts. The court is not unfamiliar with exercising the sovereign's power ...


1

If you're serving a notice under the contract, you need to use the method specified in the contract. If you're suing them, the rules for service are at CPR 6.9: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9 (probably subitem 6), but note CPR 6.11: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.11.


2

No But they can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the deceased partner’s will makes inadequate provision for them or if there is no will.


2

I asked this exact question to my criminal law lecturer. Rape indeed does require penetration of the mouth, anus, or vagina, with a penis. This is indeed a double standard, as this doesn't recognise many forms of female on male sexual assault as rape. (Though aggravated sexual assault may be a suitable charge in those circumstances, many people argue that ...


1

The crime specifically entitled "rape" under the Sexual Offences Act 2003 is defines as the case where a person A (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. There is a separate crime called "...


1

"Testing the law" is a polite, British way of saying strategically breaking the law in order to bring the issue to court where the merits can be decided in order to establish case law.


-1

GDPR is not the right framework anti-spam laws are Details vary, for example, you do not need permission to send marketing emails in the US but you do in Australia and in both jurisdictions you must provide an easily accessible opt-out.


3

Testing the law means running a case under that law and having a court rule on it. In common law jurisdictions, the judiciary does not give opinions on whether a bill proposed or an act passed by the legislature is legal or not - they decide controversies that arise under those acts. The executive is obliged to follow the law so if they do something the ...


0

It probably means 'find out what the law actually directs, and whether it can be sustained under judicial scrutiny'. Given the political and legal confusion that has surrounded Brexit for the last couple of years, this is as likely to work as everything else that has been tried - i.e. not very.


3

Under the GDPR, consent is not the only legal basis that allows processing of your personal data. Other legal bases such as legitimate interest exist as well. So the question is: does the company have a legitimate interest to send you these emails? The answer is that this case is more about direct marketing, less about personal data. The circumstances under ...


1

If you want to boat on any inland waterways in the UK you are required to have a boat registration (aka licence). Unlike a driving licence there is no need to pass a competency-based assessment. However, you must have a boat safety scheme certificate (BSSC) and boat insurance (at least third party). The Thames is overseen by the Environment Agency. This ...


0

Basic but comprehensive reports on European tenancy laws can be found on the University of Bremen website: TENLAW: Tenancy Law and Housing Policy in Multi-level Europe


1

Short Answer: What does the contract say? Long Answer: You have a tenancy agreement with your landlord. This tenancy agreement should state the rights and obligations both you and your landlord have, regarding your tenancy. As in most tenancy agreements, you agreed to pay a deposit, which will be returned to you at the end of the tenancy period, reduced ...


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