I only have immediate knowledge of UK law, but lawyers will generally have a duty to the court to act with independence in the interests of justice. This tends to mean that in situations where one side are self-represented or using the services of ChatGPT, etc. the opposing side is under a duty not to take unfair advantage of the fact that one side is not legally trained.
They don't have to help them, but they can't act abusively by, for example, exploiting lack of procedural knowledge.
If they deliberately took advantage of one side using ChatGPT and getting it wrong because the legal foundation of knowledge isn't there for that person, that could be a breach of their duty to the court and result in professional censure or other regulatory consequences.
It is possible to get a freezing order through the courts to freeze assets like land, property, bank accounts, etc.
It operates similarly to the European Account Preservation Order, and under the right circumstances it is possible to apply for a freezing order on a _without notice_ basis meaning that the employer would not be aware of the order until it is issued.
Yes, King Charles III will pay the same taxes as Queen Elizabeth II did - he agreed to it during the Accession Council meeting. Only the Monarch and income from the Duchy of Cornwall (paid to the Prince of Wales) are exempt from income, capital gains, and inheritance tax.
Every other member of the Royal Family are liable to tax, the same as us. They can offset the cost of their official duties against their taxes though.
> Indeed, given they swear an oath to the monarch, they're probably not even able to bring about that vote.
The oath itself wouldn't stop the British Parliament passing an Act of Parliament to abolish the Crown and replace it with some other system. In theory, the monarch could refuse to give their assent to the proposed law but given that would cause a constitutional crisis, in reality the chances are the monarch would assent and the system could be changed.
It seems it would take a republican government in power _or_ huge public demand that the monarchy to be abolished for that to happen which seems unlikely any time soon assuming King Charles III and his successors don't err massively.
Don't know what your background is/what you're looking for - but your story both resonated with me and pissed me off at how you were treated. Happy to refer you to my current company/help you get a much better paying job if you're interested, just email [email protected].
Unreasonableness will have an impact as to whether costs are awarded and/or how much will be awarded but the general principle is still that the losing side pays. Obviously, that will vary depending on the circumstances of the case but most cases don't encounter costs objections on reasonableness grounds.
> what is power except the ability to impose negative consequences for not following instructions?
Yes, I think power is exactly this.
> What 'power' does England have over Scotland other than the power that Scotland has agreed to accept
A monopoly on violence to enforce its territorial integrity as the United Kingdom. Withdrawing from international treaties is generally accepted to be within a state's general powers. Seceding from an existing state? Generally recognised by the current international order as unlawful and solely a matter for the state to resolve internally.
Would there be international condemnation if Scotland seceded and England tried to take it back by force? Yes, but doing so would embolden existing secessionist movements in, e.g. Spain or the United States, so those states (plus the ones who promote non-interference in domestic affairs) aren't going to intervene in any meaningful sense.
I think power must go beyond consent and incorporate the expectations and realities of the nature of sovereign state power on the international stage. The UK has the right to insure its territorial integrity, while the principle of self-determination is limited within that framework.
I think prudence really depends on the whim of the executive, since generally the executive is Parliament given the majority it normally possesses. A number of British governments have historically shown little regard for the unpredictable consequences of violating international law.
For example, Iraq, the Chagos Islands, the Brexit trade deal concerning customs checks in Northern Ireland, etc.
I suppose it's all really just one big political matter: do they want to chance it? Probably not, but they could, legally. We just haven't had the government who's willing to do that yet, but given the current government's willingness to flout international law, prudence seems like it might have vanished some time ago...
In England, the losing side usually pays at least a large portion (if not all) of the costs of the winning side. 100% cost awards are rare, but generally the costs burden is placed on whoever loses.
This seems to reduce frivolous lawsuits (depending on who is suing/being sued) but you can ask for a cost capping order to limit the amount you have to pay out if you lose, which partially helps address the issue of "they're too big/expensive to sue".
> Would it be illegal to make a law whose punishment was an oubliette?
No, it would not be illegal to make a law whose punishment was an oubliette. The British Parliament is sovereign and supreme, and can make any law it wishes.
The devolved legislatures are limited by the Act(s) establishing them. Such a law passed by the Scottish Parliament would probably be challenged under S29(2)(d) of the Scotland Act 1998 which prohibits breaches of the European Convention on Human Rights.
In this case, such a law in Scotland could potentially breach Article 3 of the Convention which prohibits inhuman or degrading punishment. The British Parliament can simply choose to ignore it, but the Scottish Parliament can't (unless the British Parliament chose to give it such powers).
> Can the queen be detained at her own pleasure, at least for anything other than the detonation of a nuclear device in her personal capacity?
No, she cannot be prosecuted for anything while she is the monarch. She would need to abdicate or otherwise be legally removed (e.g. an Act of Parliament abolishing the Crown) from her position.
Even if she were able to be prosecuted, the Nuclear Explosions (Prohibition and Inspections) Act 1998 is not currently in force, and even if the Act were in force, Her Majesty would be exempt under S14(4):
"Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act."
On point 2, the European Court of Human Rights (ECtHR, the court of the Council of Europe) blocked such deportations, etc. under the European Convention on Human Rights -- nothing to do with the EU.
The ECtHR is tasked with upholding fundamental freedoms like the Convention, the UN Charter of Rights, etc. and is completely separate from the EU.
The target being a "public figure" might well have factored into the Crown Office's decision to prosecute, as part of the public interest test under the Prosecution Code.
If the target were a random member of the public, it seems that the offence would still be made out (he would still be found guilty) but perhaps the sentencing would be less severe.
It does seem that judicial discretion was thrown to the wind here. I don't agree that the sentencing reflects the gravity of the offence, given the mitigating circumstances raised by his defence counsel.
Perhaps it's not legal - I presume someone would need to file suit under the Act for it to be determined. That said, the link is highlighted as www.washingtonpost.com and the ad text also mentions The Washington Post so it might be arguable that this ad isn't necessarily misleading since it only mentions CNN in the header and nowhere else.
I wonder what on earth the police want with patient data from the NHS. What's wrong with obtaining a warrant to access the necessary data on a case by case basis? (Although I can think of very few cases where patient data would help solve a legitimate crime).
I'm very sad to hear that you were threatened with a lawsuit — it's an impressive project. Unclear what jurisdiction you're in (probably the US), but in the UK they would have a hard time arguing in court that your project damaged them.
> Not only that £59,000 was actually stolen but that the accused received the money.
Can only speak for English and Welsh law, but this isn't accurate. Theft is prosecuted under the Theft Act 1968 and does not require the accused to actually receive the goods or money stolen. All the accused need do to "appropriate" property is assume the rights of the owner e.g, if the accused had access to someone's bank account and they sent money to a third-party, that's still theft because they assumed the rights of the owner (to transfer the money) even though the money didn't go to the accused themselves.
They don't have to help them, but they can't act abusively by, for example, exploiting lack of procedural knowledge.
If they deliberately took advantage of one side using ChatGPT and getting it wrong because the legal foundation of knowledge isn't there for that person, that could be a breach of their duty to the court and result in professional censure or other regulatory consequences.