Questions tagged [england-and-wales]

Questions specific to England and Wales

England and Wales, along with Northern Ireland, follow the English system of common law, whereby laws are judge-made.

This is distinct from the legal system of Scotland, which is based on civil law with some elements of common law.

Judges sitting in court apply the doctrine of stare decisis or precedence, which is the principle that like cases should be judged alike - this helps to ensure reliability of the law, and fairness under the law.

Decisions of the Supreme Court of the United Kingdom are binding on every other court, but not on itself. The House of Lords was previously the highest appeals court, until as recently as 1 October 2009.

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Land Registry Clause

I'm trying to understand a clause in a registry of land to determine the owner of an access way. The clause is for property 9. "Except and reserving to the Transferor a right of way on foot only over that part of the access way included in this…
Jake
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Why would a savvy, skillful lawyer refuse to apply to be a Queen’s Counsel in England and Wales?

Assume that a lawyer is shrewd and skilled enough, has even been regarded and touted to be a future QC, and can swimmingly afford the application fee. In England and Wales, solicitors have become, and can apply to be, QCs. Still, why would such a…
user49089
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The jurisdiction's name is England & Wales: but is the law English or English & Welsh?

The jurisdiction covering much of the UK is named England & Wales. How should one refer to the law of that jursidiction: as 'English law' or 'English & Welsh law'? A few notes: The jurisdiction's name is unquestionable, and judicial titles and…
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In English law, who or what body starts the process of creating a new statute?

Statutes are legislation from the UK Parliament and devolved parliaments. I believe they all start in the form of "bills" which are proposed statutes. But who or what body is permitted to start the process of creating a new statute? Is it only the…
52d6c6af
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Are there any circumstances under which a council tenancy of a council flat in a council estate can be sublet?

Generally the answer is a clear no, but what exceptions are there to this, if any?
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How can laypeople investigate an airline's allegation of 'extraordinary circumstances'?

Some airlines allege 'extraordinary circumstances', e.g. to deny liability and shirk compensating under Recital (14) of Regulation (EC) No 261/2004: (14) As under the Montreal Convention, obligations on operating air carriers should be limited or…
user89
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Under what law are Jews allowed to live in England nowadays?

King Edward passed a law ("Edict of Expulsion") in England expelling all Jews from England. According to Wikipedia, Oliver Cromwell permission of resettlement was revoked, and the right of Jews in England is only "implied." Does this mean that the…
england
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Is it ever illegal to change a lock so as to exclude your landlord access?

Most leases say you can never do it without permission but permission wouldn't be unreasonably withheld but if you ever do it then you absolutely must give LL notification and issue of the new key. Are these terms valid or overridden by the common…
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Does HM Courts and Tribunal Service profit from court fees for litigants unconnected to the UK?

"In fact, English law is the preferred governing law for business transactions worldwide, even those that don’t have any geographic connection with the UK." If too many litigants unconnected to the UK sue in UK courts, then they shall overwhelm…
user49089
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Why would a Solicitor Advocate QC still instruct QC and junior barristers?

In Serafin v Malkiewicz & Ors [2020] UKSC 23 (3 June 2020), David Price QC, Solicitor Advocate instructed two QC and a junior barrister for the appellants. But then what's the point of the Solicitor Advocate? Why didn't the Solicitor Advocate…
user41775
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Found mis-delivered parcel after receiving refund - must I tell the store?

A parcel ordered through a store was meant to be delivered to me on Saturday 30th. It wasn't. Going through the delivery firm's customer service, they couldn't determine where it had been delivered to and considered it a missing parcel. This led to…
George
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Is public urination different if there happen to be children around?

Bob urinates in an alleyway. Charles urinates in an alleyway but there happen to be children around the corner or perhaps on the other side of the street. But Charles certainly didn't have them in mind when deciding to urinate. His concern in all…
TylerDurden
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Giving my address to friend to collect his posts

My friend's renting ran out before he can find another one, so he's sharing at some other's home (not mine). He asked if he can use my address for his posts so I agreed. Today I received a letter from UK court service, which gets me worried. I…
jf328
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Is it hate speech or otherwise illegal to call a woman a bitch or a whore?

These epithets are somewhat particular to female subjects, and so I can easily see them being seized on as sexist or misogynistic. However, I think they also have particular meanings that are not expressible in gender neutral parlance, apart from…
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If one gives a witness statement and incriminates oneself in the process, will that incrimination be used against you?

When giving a witness statement, if you incriminate yourself in the process will that be used against you? For example an article I read recently reported a burglar who discovered a stash of illegal images of children. He then alerts the police and…
Terry
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