All Questions
Tagged with united-kingdom civil-law
34
questions
2
votes
1
answer
44
views
Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?
Alice was assaulted by Bob, but suffered no injuries (thus incurred no medical expenses) or other damages or loss. She complains to police, who eventually charge Bob. Bob is convicted, and sentenced ...
0
votes
2
answers
94
views
How does direct action result in a civil claims?
Greenpeace has been involved in direct action from around or before it was officially founded in 1969 - 71. Before this month I have not heard of civil cases being brought against them. Earlier this ...
- 7,670
-4
votes
1
answer
105
views
Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Alice assaulted Bob at a demonstration by grabbing his placards ...
2
votes
3
answers
375
views
Which law rules polygraphs inadmissible in UK?
Where does it say that polygraph tests (lie detector tests) are inadmissible under law in England and Wales?
I am mostly interested in their usage being disallowed for criminal (both Magistrates' ...
- 1,202
3
votes
0
answers
72
views
Property developers buying shared freehold blocks of flats (UK)
If a block of flats is shared freehold, say 20 flats and a developer buys a load, if they buy more than a certain % can they force the sale of the remaining flats?
The block is located in England and ...
- 131
4
votes
2
answers
737
views
Where is the line between civil and criminal breach of copyright?
My understanding is that acts can be a breach of copyright and can result in being held liable in civil courts (a civil wrong?) without being criminal and result in being found guilty in criminal ...
- 7,670
0
votes
1
answer
115
views
How much do I owe my lawyer? [closed]
I'm the Plaintiff in a civil case. The Opponent has made a non-Part 36 offer of an all-inclusive settlement.
I have a conditional fee agreement (CFA) with my solicitor. The Client Care Letter (CCL) ...
- 123
0
votes
1
answer
888
views
Is it possible to sue a UK national from the USA?
Plaintiff is a U.S. citizen living who spent a year as a student living in the United Kingdom. During that year she was the victim of a sex crime. There may have been a criminal trial, and the outcome ...
- 1,202
5
votes
1
answer
2k
views
Law about adult video websites retaining actors' PII
Pretend there is a British person in the United Kingdom (England & Wales jurisdiction), that for some legally justifiable reason needs to obtain the name (and other information) of a female adult ...
- 1,202
0
votes
1
answer
204
views
In civil claims is there any requirment for the claimant to prove ownership of assets in question?
As title, in a civil claim is there any general requirement for the claimant to positively demonstrate ownership over the assets in question? Or any specific rules that apply to car claims after an ...
- 7,670
0
votes
1
answer
154
views
How do courts value cars in civil claims?
If a car accident claim was heard in a court via the Money Claims service, and the value of the car was lower than the cost of repair, how would the court determine a suitable level for the ...
- 7,670
2
votes
2
answers
239
views
The burden of proof in UK civil trials
In UK civil trials, it is said that
The burden of proof is on the claimant.
The case will be decided ‘on the balance of probabilities’.
Are these assertions consistent? Based on the second statement,...
- 143
4
votes
2
answers
519
views
Who to sue if hit by an autonomous vehicle?
My understanding is that if one has a collision with another vehicle in which the other driver is at fault then you can sue the other driver for the loss incurred. If the other driver was employed by ...
- 7,670
1
vote
1
answer
117
views
In UK law, are cladding product manufacturers and property developers, civilly liable for dangerously combustible cladding products? If not, why not?
The UK cladding scandal is a well known problem. Essentially it sounds like manufacturers either knew/should have known of product fire risks (or at least in some cases they knew/known about them over ...
- 3,189
0
votes
1
answer
172
views
Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them in the UK?
Son confronts salesman for 'selling confused mum £6k doors'
Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them? I am wondering if ...
- 5,180
3
votes
1
answer
124
views
Can an employee in the UK (England) be imposed a contractual duty to subject themselves to marijuana tests?
Bob, a citizen of the UK, is a white collar employee of a UK construction company. They never engage in hazardous work or work that is, within the scope of its risk, can endanger others.
Can the ...
- 3,934
1
vote
1
answer
102
views
What is the process if a debt collector is unable to identify someone?
What is the process if a debt collector is unable to identify an individual of which they have purchased debt on?
I am aware that many of these debt collectors often don't get much information to go ...
user24806
1
vote
1
answer
802
views
How does one meet the "serious harm" threshold in libel cases (UK)?
I'm trying to sue someone in the UK for libel. (I'm in the US.) I've had some UK attorneys willing to take my case, but not on conditional fee. I recently contacted a pro bono organization there, and ...
user31745
1
vote
2
answers
117
views
How to find what arguments were used in a case?
Is there a public record of the arguments used in court cases?
There is a news story in the UK at the moment about the Post Office prosecuting sub-postmasters for fraud, where it was the post office ...
- 827
0
votes
1
answer
218
views
Missed flight, can we take the airline to court to claim money to rebook remaining flights?
A couple of weeks ago me and my partner went on holiday. We had booked with Thai Airways and had a multi-part ticket. London -> Bangkok, Bangkok -> Tokyo, Osaka -> London (via Bangkok)
On the day of ...
- 3
0
votes
2
answers
66
views
Giving live streamed video as date stamped evidence of an event in court (UK)
I am planning on serving a notice to quit directly to my landlord soon, and the plan is to live stream putting the letter in the envelope and posting it at their address, so it's very clear that the ...
- 181
0
votes
2
answers
74
views
Duty of care dilemma when reporting Web vulnerabilities to both Stakeholders and Web Service owner
Ok, I am going to ask this question with an Analogy.
A Locksmith is walking in the street and comes across a door. The door seems to be well secured to a normal user and is actually a door to safe ...
- 103
-1
votes
1
answer
165
views
Position statement claiming that something is evidence
In the family law proceedings I'm dealing with the following sentence written by the solicitors of the respondent:
"This Statement is true to the best of my knowledge and belief and I make it known ...
0
votes
1
answer
580
views
Can a defendent travel overseas if served with a claim/summons to UK civil court?
If i have am served a claim form by the claimant, can I travel overseas?
Also, if I am overseas and receive the claim form whilst overseas, can I ignore it if I am not a citizen of the country which ...
- 131
0
votes
0
answers
257
views
What are the regulations regarding position statements?
"By 4pm on 7 August 2018 both parties must send a written statement to each other"
Everyone knows what is expected and what to do.
Other Court orders are not so specific, they only mention a ...
-1
votes
1
answer
456
views
Can a litigant in person prepare the bundle?
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a
Responsibility for the preparation of the bundle
3.1
A bundle for the use of the court at the hearing shall be ...
0
votes
2
answers
322
views
How to ensure that the order drawn by a party is checked by another party?
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b#1.1
Drawing up and filing of judgments and orders
1.1 Rule 40.2 sets out the standard requirements for judgments ...
3
votes
1
answer
267
views
Is a fraudster liable for losses in this situation?
The usual rule of law is that a fraudster is liable for all losses/restitution, due to their fraud, whether or not reasonably foreseeable.
Suppose a fraudster's deception causes a person to take a ...
- 3,189
0
votes
1
answer
78
views
Falsely admitting to breaking a civil injunction
So say somebody asked Bob if he'd broken a civil injunction, which Bob hadn't, but Bob admitted to having broken that injunction. Bob was taken to court, but it quickly became apparent Bob could not ...
- 101
0
votes
1
answer
159
views
How do we claim the estate of someone who died under a different name in a different country?
The father of my wife (from Germany) died in London 10 years ago, with a different name, but with the same family name (for example was born in Germany with the name Johannes Doe, and in London died ...
- 160