Business Law Analysis and Legal Solutions

This report provides an in-depth analysis of the English Legal System, its impact on business organizations, and recommendations for legal solutions. It covers the nature of the legal system, impact on businesses, case studies, and alternative dispute resolution methods.

Business Law
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Table of Contents
Introduction................................................................................................................................3
Section 1: Nature of Legal System.............................................................................................4
P1 (a)......................................................................................................................................4
P2 (b)......................................................................................................................................6
M1..........................................................................................................................................7
D1...........................................................................................................................................8
Section 2: Impact of Law on business organisations.................................................................9
P3 (a)......................................................................................................................................9
(b).........................................................................................................................................10
M2........................................................................................................................................11
Section 3:..................................................................................................................................12
P4..........................................................................................................................................12
P5..........................................................................................................................................13
M3........................................................................................................................................14
D2.........................................................................................................................................15
Section 4 Recommending appropriate legal solutions based upon alternative legal advice....16
(a).........................................................................................................................................16
(b).........................................................................................................................................17
M4........................................................................................................................................17
D2.........................................................................................................................................18
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Conclusion................................................................................................................................19
References................................................................................................................................20
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Introduction
In this report, there are an effective analysis and the understanding regarding the English
Legal System and its structure. The effective role which is played by the administrative
departments and their ruling is also provided in this report. The report gives the proper
evaluation and the understanding in terms of the legal regulations and the responsibilities of
the employers. The employer regulations are provided in terms of the workplace environment
and safety. Further, this report also provides the effective understanding in terms of the terms
used in the alternative dispute resolution procedures.
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Section 1: Nature of Legal System
P1 (a)
The English Legal System is considered as one of the oldest legal systems which operate in
the United Kingdom. The working of the legal system is based on the principles which are
headed under the principles of common law. The hierarchy which is followed under this
system is presented thereunder:
Supreme Court: The Supreme Court is considered to be higher authority under this system.
The other subordinate court work under the Supreme Court and the matters which are not
solved are also headed by the Supreme Court.
Court of Appeal: The court of appeal is headed by both divisions of court (civil and
criminal). In this court, the matters which are referred in by the high court are solved under
this. Herein the civil division is responsible for the matters other than the criminal while
criminal division solves such matter.
High Court: The working of the High court is under the Court of Appeal. The divisions or
subheads which work under it are Queen’s Bench, Family and Chancery Courts.
Crown Court: This court deals with such cases which are of criminal nature. Further, the
matters which are appealed to it from the lower courts are handled by this court (Allen,
2015).
Magistrate Courts: It is responsible for dealing with such cases which are related to the
public and such cases which are dealt in by the crown court.
Role of Solicitors, Barristers and Judges:
Professionals Role
Solicitors Solicitors are considered to be professionals who are responsible for
advising the clients. It is also considered to be responsible for the
appointment of the barristers.
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Barristers Barristers are responsible for the representation of the clients of the
solicitors in front of judges. Besides this, the paperwork is also
performed by them.
Judges Judges are the individuals who make sure that all the legal duties are
followed and also provide the decision in favour of the defendant or
against it (Allen, 2015).
Sources of Law:
Precedents: In this source, the decision is provided by the Superior Courts which can further
be used as a guide by the lower courts to take the decisions.
Acts of Parliament: These are the sources in which the all the functioning is performed by
the Parliament. In this, the draft prepared needs the prior approval of the Parliament.
Customs: These are the procedures which are used in the UK and are legally applicable to
the individual.
European Laws: It is headed under the functioning of European Union. Here the scrutiny of
the draft takes place by the European Union to check its consistency (Genn, 2015).
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P2 (b)
The bill formulated after the completion of the draft in several stages. These are provided
thereunder:
 The issue related to the general or of political nature are debated under the House of
Parliament. The debate formulated includes the discussion regarding the bill
compatibility. If it feels that the bill is required then it is drafted.
 The government herein is responsible for the drafting of the bill and for the
presentation into House of Commons (Genn, 2015).
 House of Commons: It is an authority which is appointed by the public. There are
involved three readings in which the first reading is considered to be general. In
second meeting the analysis of the bill is involved and comments are provided if
needed to change. The third reading called as a final reading.
 House of Lords: In this house, the bill is passed after the approval from the House of
Commons and if it feels that there is a requirement to amend the bill then it is sent
back again.
 Royal Assent: It is considered to be a final stage and is governed by the provisions of
Royal Assent Act 1961 (Allen, 2015).
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M1
In the recent period, there are involved certain reforms in the two phases. The first period is
related to the institutional restructuring in which there is a replacement by the Ministry of
Justice in the year 2007. There is also involved the initiation of the Service Commission for
the effective functioning. The policy related to the non-smoking is also initiated in the
economy for the effective functioning. The second period of the change is in a financial form
which includes the changes in the fees structure and other acts (Taylor and Emir, 2015).
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D1
The English Legal System is considered to be one of the legal systems which are considered
as the oldest form of getting the justice. It is based on the principles which are laid in the
common law (Pyper, 2017). The functioning of this system is also headed under the rules of
stare decisis.
But in case of the legal system which is used in Australia the principles on the basis of which
it functions are same. But in it, the major source is related to the case laws and the legislation.
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Section 2: Impact of Law on business organisations
P3 (a)
(i) Occupational Health and Safety: The provisions of the health and safety at the
workplace are governed under the standards of Occupational Health and Safety Act 1970.
This act binds the employer to provide an effective environment to the workers at the
workplace. Effective arrangements related to the risks assessment and training is involved at
the workplace to minimize the number of accidents.
(ii) Workers Compensation: The compensation which is provided to the workers is
considered as a part of the reimbursement expenses which are paid by the employer to his
employee on the grounds of accident involved in the workplace. Hence the compensation is
considered as a part of the liability for the employer (Bclaws, 2017).
(iii) Harassments: The provisions related to the Equality Act guides the working of the
individual to provide such environment which is considered to be appropriate for the
working. Hence all the responsibility is on the part of the employer to provide effective
practices and the work environment (Gowland, 2013).
(iv) Equal Opportunities: Equality is considered to be one of the effective practices which
are followed in the workplace. All the employees should be treated equally in the workplace
and no discrimination should be involved among them. The disability is also not considered
to be an effective ground for the purpose of the discrimination.
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(b)
Accident and risks involved in the workplace are considered as a common practice which
happens in the workplace. Hence effective arrangements should be involved for its
eradication and reduction in the workplace. In the given case of the girl child, it is provided
that the accident occurred at the workplace results in the severe injury to the girl child. This is
considered as a default on the part of the employer as adequate training should be provided to
individuals to deal with the equipment (Deery, et. al., 2011).
The regulations related to the Occupational Health and safety 1974 is applicable on the
workplace and the accident with the girl. This ensures that the effective workplace should be
provided to the workers during the course of employment. The regulations related to the
Employment Protection Act are also applicable in this case which holds the employer liable
to make the payment of all the expenditures on the part of the employer. In this case, the
employer is also not bound to follow the contract.
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M2
Legislations and standards: Legislations are such acts and the framework which is
applicable to the individuals is considered to be mandatory but the standards are considered
to be of voluntary nature.
Occupational Health and Safety Act: The regulations related to safety and health is
regulated to save the individuals from the accidents which are involved in the workplace.
This ensures that all the workers which work in the factory are provided effective training
sessions to deal with it (Bell, 2011).
Equality Act: The provisions of this act guides an employer regarding the application of such
practices which proves that there is not involved any kind of discrimination at the workplace
in relation to any of the activities. If there is a fault on the part of employer then the
compensation is required to be made to the employees.
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Section 3:
P4
Case: I
In this case, Calvin was terminated by his employer Donna just because of the reason that he
was action suspiciously one day and when the employer checked the cash box £100 were
missing. The term of unfair dismissal means that there is involved the dismissals of an
employee in an unfair manner while in case of wrongful dismissal the dismissal is not as per
the terms of the contract.
In the above-mentioned scenario, the termination of the employee was unlawful. An
employer cannot terminate an employee without any proof of his / her mistake. In this case,
the employee can file a suit against the employer for non-justifiable removal of the employee
from the post. Also, he can claim for the damages from the employer as he was removed
without any proof of theft. If an employee wants to continue the same job on the same post
then he can get that job back (Bclaws, 2017).
Case: II
Misrepresentation is considered to be a fact in which the statement made by the party is not
considered be factual. There are involved three basic forms of misrepresentation. These are a
fraudulent misrepresentation, innocent misrepresentation and negligent misrepresentation. In
case of fraudulent misrepresentation, the statements are made by the parties intentionally to
deceive the other. The negligent misrepresentation is a situation in which the statements are
made by the parties carelessly. In case of innocent misrepresentation, parties have the valid
reason to believe on the untrue statements made.
In this case, Dan opens a new store and takes insurance on that store. The company asked
him whether he has claimed any insurance on another store within 2 years. He stated no but
the previous store was burnt 23 months ago. Then when the fire occurred in the new store and
the insurance company rejected to pay the claim amount and stated that proper information
was not given in the starting (Legislation.Gov.UK, 2017).
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In the above scenario that wrong information was not given by Dan intentionally. Also, the
earlier claim was made for another store. The insurance company was just trying to avoid the
claim amount by stating a false reason (Collins, 2016). Dan will get the claim amount from
the insurance company as the fire occurred in the new store which had no relation to the old
store.
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P5
In the first case the unfair dismissal can be challenged by Calvin in the court, under few acts
Employment Right Act (1996), Trade Union Act (1992) and British Employment Act (1996).
No employer can remove an employee without giving a specific reason and specific proof for
the above-mentioned reason if required. Under these acts rights of the employees are
protected and they are protected against the wrong which happens with them in the
workplace. In Jhon Lewis v Coyne it was held that proper investigation should be made
before making any decision (Legislation.Gov.UK, 2017).
In the second case, insurance company a trying to do a fraud with Dan and were giving false
reason to avoid the claim amount which was to be given to Dan. In this case Fraud Act 2006
can be referred which says that parties who is at fault must have a dishonest or should have
defraud the company. But here the case was totally different and it was not falling in any of
the above-mentioned reason of fraud. Therefore, Dan can claim the amount which he lost in
fire accident of his store (Collins, 2016). In the case of R v. Gosh, it was held that the
claimant must have an intention to deceive before he can be held guilty by any of the court.
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M3
The legal advice provided in the first case is beneficial for both, employer and employee. As
the employee will get the compensation and maybe his job back as per the provision specified
in the Employment right act of 1996 and it will be beneficial for the organization and the
employer as well because the employer will follow the specified process and procedure in the
future. The employer will also understand the importance of following the law and the impact
of the law on the organization and the employee will understand that the employee is
protected under such law (Bclaws, 2017).
In the second case, the burden of proof lies with the insurance company to prove that the
claim made by Dan is wrong. Before denying to pay the claim, they should properly
communicate the reason for such denial. Moreover, both claims were of different shops, it
was not relevant at the time of the second claim because the insurance was different.
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D2
The legal aid provided by the legal system is satisfactory, but it requires a lot of time and
money. Parties have the option to go for the Alternative Dispute Resolution as it provides
quick and effective decision making which saves time and money as well. For the first case
of the unfair removal of the employee, mediation is the best suitable option (Baum, 2011).
Mediation allows the parties to maintain good working relations and provide the decision
according to the needs of the parties and decision is made only when where both the parties
have agreed on the same thing (Faulkender, et. al., 2010).
In the second case, the insurance company and the claimant, Dan can choose the alternative
method rather than reach the court. Mediation and negotiation are the suitable options in this
case as Mediation will remove the disturbance between the relationships of the company and
party whereas if there is any dispute related to money, it can also be solved through the
method of negotiation (Jess, 2011).
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Section 4 Recommending appropriate legal solutions based upon alternative legal
advice
(a)
The alternative legal solution is considered to be one of the effective ways to solve the cases
or the disputes without approaching the legal process. This form of a solution of the dispute is
executed under the United Kingdom. The procedures used in it are provided thereunder:
Arbitration: Arbitration is considered to be one of the alternate methods which are used in
the UK to solve the disputes. In this case, the third party is appointed which is responsible for
providing the decisions on the disputes. The decisions or the award which is provided to the
parties is considered to be legally binding on both the parties.
Mediation: Mediation is also one of the methods to solve the dispute in an informal manner.
In this case, the third person involved to solve the dispute tries to bring the parties to an
amicable settlement. The proceedings which are involved under such procedure are of private
nature (Ware, 2016).
Negotiation: It is a method which is considered to be effective for the solution of the
financial disputes. In this case, the parties with the help of barristers or themselves negotiate
the terms and form an agreement. In other words, the interests are not affected by the decision
made by the third party.
Conciliation: It is an approach in which the specific role is played by the third party. But the
parties are not bound to follow the decisions which are given by the third party.
Benefits of ADR:
The solution of the disputes with the help of approaches helps the individuals or business in
the quick decision making. It is also considered to be a method in which the dispute is related
to the private nature (Baum, 2011).
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(b)
In accordance with the case scenario of Antwon and Tyrell the effective method used is the
mediation. The mediation is considered to be a procedure which is best suitable and
applicable to the case scenario. The mediation is considered to be effective as this helps the
parties in saving both their relationships and the smoothing of the working operations.
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M4
There are involved several methods to solve the disputes among the parties. The differences
involved among the major one is provided thereunder:
Arbitration: Arbitration is considered to be one of the effective processes used in the
solution of disputes and is governed under the provisions of Arbitration Act 1996. It is also
considered as a formal procedure. The decisions which are formulated by the arbitrator are
followed by the parties involved (Ware, 2016).
Mediation: Mediation is an approach which is considered to be less formal in nature. It is
also governed under the provisions of Mediation Act, 2017. In this case, the decision which is
provided by the third party is not obligatory to follow by the parties.
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D2
The approach related to the alternative dispute resolution is considered to be more effective
and convenient for the parties to solve the disputes. This approach reduces the cumbersome
procedure of the court proceedings when compared with these approaches. This also helps in
the parties to reduce the burden of the courts in terms of the number of cases (Ware, 2016).
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Conclusion
It is concluded from the above report that the English legal system helps in ensuring the
peace and harmony of the economy. Its effective arrangements related to the drafting of bills
and the recent reforms involved also made it more effective and efficient. The solutions to the
legal problems are also helpful in the development of understanding regarding the case laws
and the judgment made by the other courts.
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References
 Allen, MP. G., 2015. THE UK CONSTITUTION A summary, with options for
reform. Political and Constitutional Reform Committee. House of Commons.
 Baum, C., 2011. The Benefits of Alternative Dispute Resolution in Common Interest
Development Disputes. St. John's Law Review, issue 3, vol. 84.
 Bclaws, 2017. WORKERS COMPENSATION ACT. Available at:
http://www.bclaws.ca/Recon/document/ID/freeside/96492_01. [Accessed: 8 February
2018].
 Bell, M., 2011. Achieving the objectives of the part-time work Directive? Revisiting
the part-time worker's regulations. Industrial Law Journal 2011.
 Collins, J., 2016. Fraud by Abuse of Position and Unlicensed Gangmasters. The
Modern Law Review, pp. 354-363.
 Deery, S., Walsh, J., and Guest, D., 2011. Workplace aggression: the effects of
harassment on job burnout and turnover intentions. Work, Employment and Society,
pp. 742-759. Faulkender, M., Kadyrzhanova, D., Prabhala, N. and Senbet, L., 2010. Executive
compensation: An overview of research on corporate practices and proposed reforms.
Journal of Applied Corporate Finance, 22(1), pp.107-118. Genn, H., 2015. Common law reasoning and institutions. University of London
International Programmes.
 Gowland, J., 2013. Protection from Harassment Act 1997: The ‘New’Stalking
Offences. The Journal of Criminal Law, pp. 387-398. Jess, D.C., 2011. The insurance of commercial risks: law and practice. Sweet and
Maxwell.
 Legislation.Gov.UK 2017, The Employment Act 1996. Available at:
http://www.legislation.gov.uk/ukpga/1996/18/contents. [Accessed: 8 February 2018]. Pyper, D., 2017. Trade union legislation 1979-2010. Commons Library Briefing 26
January 2017. Taylor, S., and Emir, A., 2015. Employment law: an introduction. Oxford University
Press, USA.
 Ware, S., 2016. Principles of Alternative Dispute Resolution. West Academic.
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