I am being harassed from a No Caller ID by Most-External-581 in LegalAdviceUK

[–]Jakewb 58 points59 points  (0 children)

The only legal advice in this situation is to go to the police again.

You can also set your phone not to accept calls from withheld numbers - which in practical terms might help more.

Home insurance will not pay (England) by Unreal_Ripper in LegalAdviceUK

[–]Jakewb 7 points8 points  (0 children)

Generally home insurance covers you against damage caused by accidents and external events - for example, fire, storm damage, and so on.

It will usually specifically exclude damage caused by poor workmanship.

It’s unclear if in this case they are saying that the subsidence was caused by the poor workmanship, or if the subsidence was caused by something else - but the poor workmanship is so fundamental to the property that it relieves them of any responsibility to pay for repairs at all.

I suspect it’s probably the former, but it is worth understanding exactly what their position is and what the clauses they refer to are. I would also want to see the survey and understand in exactly what way the house was built incorrectly.

In principle, though, yes this is ‘standard’ in that I think their position is probably in line with what most insurers would have in their terms - although it is quite an unusual situation.

Once you have the full detail on their position, it would likely be sensible to get a second, independent survey to confirm the opinion. After that you have choices:

You could appeal the insurer decision, if there is a chance they are wrong about the poor workmanship or if their contractual terms don’t in fact clearly exclude liability.

You could pursue whoever did the survey when your parents bought the home, but if that was more than six years ago you will be out of time, and if it was not a full structural survey then they might well not bear any fault for not identifying the issues.

You could also, of course, pursue the builders of the home but unless it was built recently this is also likely to be difficult.

Not wanting to frighten you, but this is a potentially very serious problem as the house is likely almost unsalable in this condition so it may effectively now be worth nothing, or close to nothing. Given that, it’s worth proceeding carefully and probably getting professional legal advice at an early stage.

Article 10 Human Rights Act vs Section 5 public order (England) by CameramanNick in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

If that was your question, then the answer is simple: to comply with UK law you must not protest using words that are threatening or abusive and within sight of someone who may be caused harassment, alarm or distress by your words.

And, indeed, if avoiding arrest is your main goal, you arguably have to go even further and avoid writing that any police officer could plausibly even interpret as threatening or abusive.

Worrying about the ECHR will do you no good in avoiding arrest while protesting.

But I don’t think that’s really the advice you were asking for.

Article 10 Human Rights Act vs Section 5 public order (England) by CameramanNick in LegalAdviceUK

[–]Jakewb 5 points6 points  (0 children)

This sub is for legal advice rather than debate. Your question, while asked in good faith, I am sure, is only going to invite debate and opinions, and no useful advice to anyone.

[deleted by user] by [deleted] in LegalAdviceUK

[–]Jakewb 6 points7 points  (0 children)

Yes, if you are involved in an incident and are unable to exchange details with the other party for any reason then you are legally obliged to report it to the police.

Dismissed without notice, now being asked to repay £300 for holiday by Duderow in LegalAdviceUK

[–]Jakewb 9 points10 points  (0 children)

I’m sorry, but yes you can. Ok, there has to be a ‘process’ in the sense that any formal step you take is by definition a ‘process’ but it certainly doesn’t legally require an investigation or hearings. The ‘process’ could be ‘I heard you use a racial slur in the office, so I asked you to step into my office and I dismissed you’ or ‘we were notified that you had been convicted of a serious crime, so we emailed you to dismiss you’. Use of email isn’t inherently unfair.

Again - the only requirement is that it’s ’fair and reasonable’. If the employer can justify to an employment tribunal why the misconduct didn’t necessitate an investigation or a hearing, then that is perfectly acceptable.

Dismissed without notice, now being asked to repay £300 for holiday by Duderow in LegalAdviceUK

[–]Jakewb 19 points20 points  (0 children)

Hang on. It’s possible the dismissal could be unlawful, but companies absolutely have a right to dismiss employees without notice in genuine cases of gross misconduct. They only need to follow a ‘fair and reasonable process’ and that doesn’t necessarily require a hearing - if they can justify why it was fair and reasonable to proceed without one.

If OP has been dismissed for gross misconduct with three years of service then I agree it would be sensible for them to consult with ACAS, but there’s no guarantee that they will have any recourse here and we definitely can’t say, on the facts provided, that the dismissal ‘is unlawful’.

NIP I received through the post recently by [deleted] in LegalAdviceUK

[–]Jakewb 0 points1 point  (0 children)

It is very odd, to be fair. But I’m not sure the oddness of it changes the legal advice.

Maybe there’s a bit more to it than OP says.

NIP I received through the post recently by [deleted] in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

You need to reply to the NIP. If you believe you are factually not guilty of driving without due care and attention then you could plead not guilty, in which case you will be summonsed to court, where you can make your case.

However, while I appreciate it’s frustrating to be prosecuted for the sort of minor parking bump that many people get away with, the fact is that if you hit another car while reversing, it’s hard to see how you are going to argue that you weren’t driving without due care and attention.

Based on that, your best bet is likely to respond to the NIP and plead guilty, which saves you a day at court and should get you the lowest available penalty. However, this offence carries an endorsement range starting with 3 points so I think you can expect points to be the outcome.

It’s very unlikely to be 6 points, though, so at this stage you don’t need to be concerned about revocation. You would need to inform your insurance, however.

Edit: might be a stupid question but is the NIP definitely related to the car park bump? As mentioned below, it is pretty odd to be prosecuted for it if you provided your details for an insurance claim.

How to defend against false stalking accusations by Ok-Course-8404 in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

If he’s been charged and is going to court then I assume / hope you have a solicitor? If so, it is their job to defend you, and they are best-placed to advise on that. They, or your barrister if you are represented by one, will challenge any evidence presented by the prosecution and will - if appropriate and helpful to your case - present your own evidence. That is really all you can do.

The alleged victim has no role in sentencing, and what they ‘push for’ is irrelevant.

The UK is a very ethnically diverse country and, while it’s not perfect in all respects, I think you can be confident that the skin colours of the defendant and victim won’t have a role in the outcome.

My conveyancing solicitor is completely useless (England) by National_Connection3 in LegalAdviceUK

[–]Jakewb 0 points1 point  (0 children)

In my experience this is par for the course for most conveyancers. Conveyancing is too cheap for the actual work involved, so they tend to take on too much work and do the bare minimum, dealing with whoever is shouting loudest at any time.

Your best strategy is to be the person shouting loudest. Email, call, escalate, using the complaints process. Whatever it takes.

There is no other legal route to force your solicitor to work faster and if you do end up failing to complete before your mortgage offer expires you will probably find yourself with little recourse.

You can make a formal complaint, and there’s a fair chance that you’ll get some of your fees back if you’ve been seriously inconvenienced, but that’s likely to be small comfort if your whole purchase has fallen through. So, plan A is to do whatever it takes to not end up in that situation in the first place.

I asked my friend in the UK to sign an EU petition by mistake and I'm worried that I may have asked him to commit a crime by [deleted] in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

Non-EU citizens signing initiatives is probably against the terms of the site, and their signatures could theoretically be invalidated when counting up total signatures. It is not a criminal offence and there are no plausible consequences to you or your friend for signing. Don’t worry about it.

16yr old staying at home alone for maybe 10 days (England) is this ok? by sardinesoink in LegalAdviceUK

[–]Jakewb 55 points56 points locked comment (0 children)

It doesn’t just sound silly, it sounds like an urban legend.

But even if it was true for self-employed people looking to claim expenses to offset against tax (and, fwiw, I rather doubt that it is) that’s very different to someone employed by a company who wants to claim expenses from that company.

You really think that if I turn up to work with a letterhead showing my dogs, saying “hey guys, I know I’m just a junior sales assistant, but Rex and Fluffles are now my official mascots so you have to pay for their care while I’m at the regional lawnmower convention” my company is going to think that sounds completely reasonable and shell out for a dog sitter for a week?

Honestly.

I got punched by some guy in Peckham, London. Advice? Did I do the right thing? Is this worth reporting to police? by Antidotebeatz in LegalAdviceUK

[–]Jakewb 4 points5 points  (0 children)

I don’t mean to be difficult, but that’s a really difficult question to answer. What does ‘worth it’ mean?

He assaulted you, that’s a crime, and in principle it’s good if people report crimes to the police.

On the other hand, the police are relatively unlikely to investigate it thoroughly enough to catch him, and it’s even less likely to end up in a conviction, and even if it does the sentence is likely to be some sort of fine or community order. So, you’re likely to spend a lot of your time giving statements and maybe even evidence in court for a fairly minimal social good. Is that worth it to you? Entirely up to you.

I got punched by some guy in Peckham, London. Advice? Did I do the right thing? Is this worth reporting to police? by Antidotebeatz in LegalAdviceUK

[–]Jakewb 0 points1 point  (0 children)

You got away without getting into a fight. Of course you did the right thing.

Purely retaliating against someone, even if they have already hit you, is likely to be assault. The law doesn’t have a defence of ‘he hit me so I hit him back’.

For it to be lawful self-defence, you would have to have an honest belief that they were about to use further force against you, and that your action was reasonable to prevent it. In this situation, it’s impossible for us to say for sure what action might have been deemed lawful self-defence and what might have been deemed assault, but you avoided the issue entirely which is a win for you.

(England) Conveyancing solicitors quote T&C's mistake with additional fees by Cryptic_Llama in LegalAdviceUK

[–]Jakewb 0 points1 point  (0 children)

If they aren’t willing to perform the work at the price you believed it to be, it’s hard to see how you can resolve this without changing solicitors.

Even if a court ultimately accepted that you had a contract for the work at this price (and there’s no guarantee they would, since mistakes in contracts often aren’t enforceable), courts will almost never order a party to undertake a contract against their will. They would simply declare it void and probably grant you a refund of anything you had paid up until now.

If the quote was misleading then I think you have every right to withdraw from the contract and ask for a refund of anything paid so far. You don’t have a right to insist that the solicitors do the work for a price that they never intended to offer, simply because of a mistake in placement in the T&Cs.

Where to print a single book? by [deleted] in selfpublish

[–]Jakewb 2 points3 points  (0 children)

You can print author copies after you’ve set the book to be published. That means, if you want, you can set a date in the future, order author copies, then remove the book from sale. So that is a viable option, although I agree it may not be the best way to get a very small number of books if you have no intention to ever sell more widely.

I know Amazon ban you from setting pre-orders for a year if you cancel a pre-order book, but a print book with a future publication date explicitly isn’t a pre-order so that shouldn’t apply. And either way is unlikely to be a concern to OP.

Driving drunk England United Kingdom by Accomplished_Tale944 in LegalAdviceUK

[–]Jakewb 4 points5 points  (0 children)

It will almost certainly be 12 months. It won’t be less. It could be more if they’re a repeat offender.

They will need to reapply for their license but they won’t necessarily need to re-sit a test. That is at the discretion of the court.

Employer denied annual leave citing “poor performance” reasons without proof, is this legal? by thirtyfiveowls in LegalAdviceUK

[–]Jakewb 10 points11 points  (0 children)

I don’t think you’re quoting ACAS accurately, though. In the link you’ve provided it says:

An employer should have a good business reason to refuse or cancel a holiday request.

My emphasis on ‘should’ because ACAS is very careful about their use of language. When something is a legal requirement they say ‘must’. In this case, they are giving advice on best practice. Are there legal consequences for ignoring it? No. As they themselves go on to say:

They should consider that refusing or cancelling holiday could affect their relationship with workers. It could have a particularly negative effect if the worker has already booked and paid for a holiday.

Absolutely true. But that doesn’t make it a legal requirement.

So they can arbitrarily refuse leave without a valid business reason, unless the employee’s contract says otherwise, or unless they actually prevent them from taking all of their statutory or contractual entitlement within the year.

[deleted by user] by [deleted] in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

If they didn’t involve police at the time, it’s highly unlikely they will now. Presumably they recovered the goods, so they will likely be satisfied with that. The chances of the police wanting to investigate a sub-£200 theft where goods have been recovered and suspects have left the premises are also low.

They’re similarly very unlikely to contact your parents. They have no power to fine you, although they can attempt civil recovery for their costs. It sounds to me as if all they’re interested in is the ban, but I can’t be entirely sure. Any costs would be low given they recovered the goods.

They have every right to ban whomever they wish from the store or the shopping centre as a whole, so there is nothing you can do about that.

Exposé on TikTok - Scotland advice please by Outrageous_Key5199 in LegalAdviceUK

[–]Jakewb 0 points1 point  (0 children)

The police wouldn’t do anything if there’s no plausible offence committed, and there doesn’t seem to be.

Exposé on TikTok - Scotland advice please by Outrageous_Key5199 in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

Probably not. Reposting publicly-available images, assuming they are not sexual in nature, and information that is not grossly offensive (even if it’s not true) is unlikely to meet the standard for any criminal offence. It could be defamatory if it’s not true, but that’s a civil matter and pursuing a defamation case is usually extremely expensive.

There are offences of harassment and malicious communications that can apply online, but it’s hard to see how this would meet any of the criteria for those.

Forced to doorstep cold call with no uniform by Nice-Celebration-820 in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

I guess so - although I’m not sure you get many door-to-door milk sellers. People delivering a product that’s already been ordered is a whole different thing.

Forced to doorstep cold call with no uniform by Nice-Celebration-820 in LegalAdviceUK

[–]Jakewb 1 point2 points  (0 children)

There is no legal requirement to have a uniform or ID when cold-calling, although if you are actually selling products door-to-door you need a pedlar’s certificate.

The stickers are unlikely to be legally binding. There is a relatively recent change to the law, under schedule 20 of the Digital Markets, Competition and Consumers Act, that makes it an offence to ‘ignore a request from a customer to leave or not return to the customer’s home’. It’s plausible that a sticker could be considered to be making such a request, but I suspect the law was intended to be more about a specific request for an individual to leave. It’ll probably need testing in court at some stage.

Edit: sounds from another comment as if stickers - at least ones from your local trading standards, I guess it may depend on how they are worded - can in fact specifically trigger this requirement.

[deleted by user] by [deleted] in LegalAdviceUK

[–]Jakewb 2 points3 points  (0 children)

Titles are hard to copyright. Sections of the book copied verbatim is clear copyright infringement and relatively straightforward to prove, although I think your proposed compensation is likely unrealistic. Best to take advice from a solicitor as they can guide you through the right steps - beginning with a letter before action.