Our law is surrounded by myths and misunderstandings. Some are based on half-truths and others are just… wrong.
From “common-law marriage” to “where there’s blame, there’s a claim”, here are some of the biggest legal myths, broken down.
Myth 1: Can You Legally Shoot a Scotsman in York?
“It’s legal to kill a Scotsman in York if he’s carrying a bow and arrow.”
If you’ve grown up anywhere near Yorkshire, chances are you’ve heard this one. I certainly have – though I’ve yet to see anyone wandering around York trying to put it to the test.
The saying dates from the 13th Century, when England and Scotland were at war. The law has never been reversed and stands as an example of a time when England and Scotland were at war.
As you may have guessed, no, you can’t legally shoot a Scotsman (or anyone else) anywhere else in the UK. Shocking, right?
To speak with someone about resolving a dispute in a more amicable way, our Dispute Resolution team can clarify your legal position and address any concerns.
Myth 2: Property Offers – When is it Legally Binding?
“Once an offer is accepted on a property, you cannot back out of the process”
This isn’t true.
The sale and purchase of a home doesn’t become legally binding until the Solicitors for both Parties “exchange” contracts.
During this process, a “completion” date is agreed upon, and the buyer will pay a deposit – usually 10% of the purchase price.
Should either party terminate the contract after it has been exchanged, they may face legal action and/or lose the deposit altogether. Before this point, it is perfectly legal to walk away.
If you are buying or selling your home, our experienced Residential Property Solicitors can guide you through every stage of the process and ensure your best interests are protected.
Myth 3: Squatters’ Rights and Adverse Possession
“If someone lives in your home long enough, they own it.”
This myth comes from confusion about adverse possession (sometimes called “squatters’ rights”).
But it’s not as simple as just moving in and waiting it out. Someone would have to live there without permission and openly for at least ten years before they can even apply to own it, and the actual owner can then object.
Don’t panic, your friend sleeping on your sofa for a few months isn’t about to become the new homeowner anytime soon.
If you have concerns about property rights or adverse possession, our Property Litigation team can help you understand your options and protect your legal rights.
Myth 4: The Truth About Common-Law Marriage in the UK
“Common-law relationships give you the same rights as being married.”
This is one of the biggest modern myths, and unfortunately, it can have even bigger repercussions if relied on.
There is no such thing as common-law marriage in the UK. Cohabiting couples – no matter how long they’ve been together – don’t have the same legal rights as married couples or civil partners.
That means no automatic rights to inheritance, pensions or property. To protect your interests, you’ll need a cohabitation agreement and/ or a will.
If you are cohabiting and want to protect your future, our Family Law and Private Client teams can help draft legal documents that protect you and your loved ones. From cohabitation agreements to correctly drafted Wills, our teams can help if you’re not sure where to start.
Myth 5: Reasonable Force: What the Law Allows in Self-Defence
“You can use any force necessary to defend your home against intruders.”
You can defend yourself and your property – but only with reasonable force.
The law recognises your right to protect yourself if someone breaks in, but you can’t use excessive or disproportionate violence.
Think Kevin McCallister traps. The key word here is reasonable – homemade traps are fine in a movie, but in real life, swinging paint cans and blowtorches to the head might land you in more trouble than it’s worth.
Myth 6: Personal Injury Claims: What you Really Need to Prove
“Where there’s blame, there’s a claim.”
I’m pretty sure we’ve all overheard this more than once in our lives. Many people believe this catchy slogan, but it’s misleading.
In reality, just because someone was injured doesn’t automatically mean someone else is legally to blame. To make a successful claim, you must prove:
- Duty of care: that the other person/organisation had a legal responsibility towards you;
- Breach of duty: that they failed to meet that responsibility – either by doing or failing to do something; and
- Causation and loss: that their negligence directly caused your injury.
Even then, claims must be brought within strict time limits and supported by evidence. There’s no automatic payout just because something went wrong.
If you or a loved one has been injured and you are unsure if you have a case, our Personal Injury team offers free initial advice and can help assess your claim.
Myth 7: Retail Pricing Myths: What Is an ‘Invitation to Treat’?
“Shops have to sell you an item at the displayed price, otherwise it is false advertisement.”
This is a common retail myth and one that haunts me from my days in retail!
The price on a label isn’t binding – it’s an invitation to treat. The contract is only formed when the retailer accepts your offer to buy the product.
So, if a shop accidentally puts “£4.99” instead of “£499” on a TV, they’re perfectly within their right to refuse the sale.
Need Clarity on Your Legal Rights?
The law is complex, and some of these statements have been passed around for so long that they sound believable. In reality, a lot of them are half-truths or complete misunderstandings.
If you’re unsure about your legal position, speak to a professional. Our team at Bridge McFarland is happy to help on 01482 320620.
Our solicitors can cater to all your legal needs with offices in various locations across Lincolnshire and East Yorkshire. Please visit Our Offices page to find your nearest Solicitors Office.
Written by Danica Day, Trainee Solicitor in our Personal Injury department.
