New answers tagged united-kingdom
2
votes
Could my son get in legal trouble for a poor taste joke he made on social media?
Free speech protections in the U.K. are much weaker than those in the U.S. in many key respects.
The kind of comment mentioned might give rise to legal action in the U.K., either civil or criminal (...
- 195k
3
votes
Pressing charges for an unlawful car seizure
can I use call/voice recordings as evidence in UK courts?
Yes. At least at evidentiary hearings. In pre-hearing motions, you may need to have a transcript prepared and authenticated.
- 195k
4
votes
What are the cross-jurisdictional effects of British police powers?
Within the united-kingdom there are england-and-wales, scotland and northern-ireland.
Broadly speaking:
A police officer from one country can cross a border into another country to execute an arrest ...
- 14.7k
3
votes
Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?
united-states
Are all of these sums (as well as any others that may be accounted for
in the amount of a criminal compensation order) theoretically also
recoverable . . . by way of a private claim, ...
- 195k
3
votes
What are the powers of a retail security guard compared to a police officer?
The power of arrest is not limited to police
new-south-wales
A person who is not a police officer may, without a warrant, arrest a person if they:
are in the act of committing an offence
have just ...
- 198k
2
votes
What are the powers of a retail security guard compared to a police officer?
canada
If an owner of property or someone authorized by the owner observes another committing a crime in relation to that property, the owner or person authorized can make a citizen's arrest (see ...
- 43.3k
5
votes
What are the powers of a retail security guard compared to a police officer?
A security guard does not have special police privileges, but in the US the shopkeeper has a privilege known as the shopkeeper's privilege to detain a suspected shoplifter for a reasonable time, and ...
- 210k
2
votes
What would one have to prove to use the truth defence in a libel claim of racism?
It depends on the imputation that is being defended. But this particular data is unlikely to help resolve a disputed question of fact.
I have not read the statements that Mr. Fox is upset about. But ...
- 4,671
4
votes
What would one have to prove to use the truth defence in a libel claim of racism?
The defence would be "fair comment" in Canada, or "honest opinion" in the U.K.
canada
A claim that someone is racist would have to be defended under the "fair comment" ...
- 43.3k
1
vote
Non-compete clause with a bus factor of 1
england-and-wales
It's vital to know the wording of the clause in the contract.
Some contracts don't include post-termination 'restrictive covenants'.
Some restrictive covenants are not enforceable.
A ...
- 14.7k
0
votes
What would one have to prove to use the truth defence in a libel claim of racism?
One would have to point to open displays of racism
What someone thinks inside their own head is not something that another person could have used to draw the conclusion that one is a racist. Or ...
- 198k
3
votes
Accepted
Non-compete clause with a bus factor of 1
While the enforcement of non-compete agreements varies a lot by location and situation, this is a text-book example where it IS enforceable. Taking existing clients without permission is very much a ...
- 1,273
1
vote
Implications of rental property being clean to a "professional standard"
If you agreed to it, it’s an enforceable amendment to the contract
As I understand the offer made to you, in return for a sum of money you would accept the landlord’s breach in not having the property ...
- 198k
2
votes
Are the any limits on what historical terrorist acts can result in criminal charges if glorified?
united-kingdom
At least two former independent reviewers of terrorism legislation, Lords Carlile and Anderson, have made similar remarks as Hall's.
There is no geographical or historical limit. If it ...
- 14.7k
3
votes
Non-compete clause with a bus factor of 1
united-states
Could I defend my position by arguing that since my current employer
won't be able to provide skillset "D", I'm only carrying on serving
those clients because "there is ...
- 195k
2
votes
Is "gossip surveillance" processing personal data under the GDPR?
Almost surely
It’s clearly personal data and it’s clearly not "purely personal" or "household" processing of data. Therefore, the GDPR applies and the poster is a data controller ...
- 198k
1
vote
Is hiding your face enough evidence for police to suspect a crime and require you to expose it?
england-and-wales scotland
The street example could have been done under section 60AA Criminal Justice and Public Order Act 1994, Powers to require removal of disguises.
A uniformed police officer may ...
- 14.7k
10
votes
Accepted
Who is liable for a resident mental care patient intruding someone's property?
united-states
The patient is personally liable unless the underlying law has a requirement of specific intent. There is a tort law rule stated in the Restatement (Second) of Torts that
Unless the ...
- 210k
3
votes
Accepted
How does direct action result in a civil claims?
Greenpeace has been sued many, many times
While you may not have heard of it before, suits against (and by) Greenpeace and other environmental (and other protest) organisations are a relatively common ...
- 198k
6
votes
Would it be ok to supply an item that deliberately stops working after the guarantee expires?
In the UK for consumer products you can normally claim for a fault that was present or developing at the time of sale for up to six years after purchase (five in Scotland). However, after six months ...
- 161
3
votes
How does direct action result in a civil claims?
A wronged party has discretion to sue or not sue. Many considerations go into deciding whether to sue, including:
likelihood of success
likely amount recovered
ability of defendant to pay
the time, ...
- 43.3k
0
votes
Is it legal/appropriate to email a GDPR SAR to the executive team if that is the only email address the company provides?
A request to exercise the right of access, or any of the Chapter III rights under the GDPR/UK GDPR, may be made directly to an organisation by any means. If you have a customer service contact, you ...
- 504
20
votes
Accepted
Would it be ok to supply an item that deliberately stops working after the guarantee expires?
australia
Deliberately rendering the TV non-operational through software would appear to be malicious damage.
Under the Australian Consumer Law, one of the statutory guarantees is that a product must ...
- 198k
29
votes
Would it be ok to supply an item that deliberately stops working after the guarantee expires?
germany
If your machine actively destroys itself after the warranty is up, you commit the crime of damage to someone else's property under StGB § 303. You might also be liable for fraud, as this ...
- 33.4k
4
votes
Accepted
Who is at fault right turn into u turner?
Clearly the other car had been stopped on the wrong side of the road, and pulled out without indicating.
However, they were on the major road which you were turning right onto, and they had their ...
- 2,230
5
votes
Is smart watch illegal while in control of the vehicle?
I'm having trouble finding one page with the most up to date version of "Road Vehicles Regulations" with all amendments included, but the important amendment for this question is from 2003. ...
- 4,821
17
votes
Accepted
Is smart watch illegal while in control of the vehicle?
It says hold and use. Having a smartphone in your backpack is fine. Having a smartwatch on your wrist is fine. Using the smart watch for a phone call or a game or whatever while driving is not.
- 3,298
0
votes
At what point does a DUI begin?
united-kingdom
The relevant offences are under sections 4 and 5 of the Road Traffic Act 1988 in Great Britain. In Northern Ireland, sections 15 and 16 of the Road Traffic (Northern Ireland) Order 1995 ...
- 4,671
5
votes
At what point does a DUI begin?
canada
Assuming impairment or a blood-alcohol level above the prohibited amount can be proved, the complete offence is made out at least as soon as the accused occupies the driver's seat.
This is ...
- 43.3k
3
votes
Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation?
The public sector equality duty (PSED) at section 149 Equality Act 2010 has nothing to do with overseas terror groups.
Aside from the lack of extraterritorial scope, none of the protected ...
- 14.7k
3
votes
Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation?
See R (on the application of Marouf) v Secretary of State for the Home Department [2023] UKSC 23.
The public sector equality duty does not have extraterritorial scope. The duty has the purpose of ...
- 43.3k
5
votes
Is it legal to bribe a private eye?
There is a business agreement between the husband and the private eye. The husband pays the private eye, the private eye does their best to find certain evidence.
If the private eye takes money in ...
- 32.9k
34
votes
Is it legal to bribe a private eye?
england-and-wales
It's illegal to "bribe" anyone - the banker, the baker, the candlestick maker.
Perhaps you really mean to ask if the behaviour in your scenario is bribery.
On the face of ...
- 14.7k
8
votes
Is it legal to bribe a private eye?
This would be fraud
(1) A person who, by any deception, dishonestly--
(a) obtains property belonging to another, or
(b) obtains any financial advantage or causes any financial disadvantage,
is guilty ...
- 198k
1
vote
Is it possible the destruction of tents in central London is legal?
Is it possible the destruction of tents in central London is legal?
Yes, it is possible the destruction of tents in central London is legal. There may be a legal justification that we are not aware ...
- 14.7k
2
votes
Is it possible the destruction of tents in central London is legal?
Your question would be much improved if it acknowledged more prominently that Veolia is working as a cleaning and garbage collection company.
Coming in after the police forced homeless people to leave ...
- 14.4k
2
votes
Does Australia have the same rules regarding succession to the throne as the United Kingdom?
One observation on the question:
I always thought she was The Queen of the United Kingdom everywhere.
Elizabeth was the "Queen of the UK" everywhere... but since Australia is not part of ...
- 121
4
votes
Can a surrogate be guilty of kidnapping?
In the united-kingdom it depends on whether the intended parents are the legal parents.
At the birth of the child, the birth mother is the legal mother.
To become the legal parents, the intended ...
- 14.7k
5
votes
Accepted
Can my employer withhold payslips, when the monthly salary is late
The relevant law is Itemised pay statement, s8 Employment Rights Act 1996.
(1) [F1A worker] has the right to be given by his employer, at or
before the time at which any payment of wages or salary is ...
- 14.7k
5
votes
Can a surrogate be guilty of kidnapping?
Not in germany for multiple reasons
Surrogacy is illegal in the first place. The contract for surrogacy is thus void and unenforceable in Germany. Acting as a placement agent for either a couple or a ...
- 33.4k
11
votes
Can a surrogate be guilty of kidnapping?
british-columbia
Under the Family Law Act, s. 29, surrogacy refers to a situation in which a child is conceived through assisted reproduction and there is a surrogacy agreement made. But even where ...
- 43.3k
1
vote
UK Employment Law Regarding errors in employment process and contract
There are no “fair payment laws”, except for some limited exceptions that probably don’t apply here (presuming that no one is being paid less than the minimum wage, and you’re not being paid more than ...
- 1,156
1
vote
Can a computer be guilty of insider trading?
You are anthropomorphizing the computer. While talking about a computer program "deciding" to make a trade can be a useful abstraction, ultimately it's just computer code. Perhaps someday AI ...
- 5,509
0
votes
Is it legal/appropriate to email a GDPR SAR to the executive team if that is the only email address the company provides?
It seems like you could take screenshots of your submissions on the contact form to retain as evidence of the SAR. And you articulate the relevant considerations quite well, only that you will not be ...
- 9,113
0
votes
Is there a legally defined class of vehicles that closely matches the common term SUV?
germany
The closest in Germany in regards to the requirement for an SUV might be the driver's license class. SUVs generally require a B-class, as they are less than 3.5 tons maximum allowable loaded ...
- 33.4k
1
vote
Can a computer be guilty of insider trading?
I think there are two points on the problem.
Can a computer be guilty?
No. A computer cannot be guilty. The responsibility would be on whoever made the computer, programmed it, decided to use it, was ...
- 786
1
vote
What are the consequences of leaving the UK with Rent Arrears accumulating?
When you say you "cancelled plans", does that mean you aren't even in the UK and have never taken possession of the property?
Or are you leaving early?
It's unlikely as a practical matter ...
- 2,472
10
votes
Can a computer be guilty of insider trading?
I am in the US so my answer will be with our definition of Insider Trading (I doubt there are any real differences).I happen to work in software engineering for a large prop derivative trading firm ...
- 319
59
votes
Can a computer be guilty of insider trading?
The Bot is a means to trade. Just like a telephone to call a broker or a fax to the bank or an app where you click on "buy now".
Means cannot be "guilty" of anything. It's just ...
- 5,945
12
votes
Can a computer be guilty of insider trading?
However, if we take the demonstration at face value, and pretend it was happening in the real world, would a crime have occurred here? Assume none of the people involved expected the algorithm to use ...
- 5,749
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