Business Law and Legal Systems Study

This report delves into the English Legal System, sources of law, impact on business organizations, legal solutions, and alternative dispute resolution. It evaluates recent reforms and provides recommendations.

Business Law
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Table of Contents
Introduction................................................................................................................................4
Section1 Nature of legal systems...............................................................................................5
P1Explain the structure of the English legal system and discuss the different sources of
laws that organisations must comply with.............................................................................5
P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts....................................................................................................9
M1 You will evaluate the effectiveness of the legal system in terms of recent reforms and
developments........................................................................................................................10
D1 Provide a coherent and critical evaluation of the English legal system and law, with
evidence drawn from a range of different relevant examples to support your judgement...11
Section 2 Impact of the law on business organisations............................................................12
P3..........................................................................................................................................12
a) Briefly explain employers’ legal obligations in relation to;..................................12
b) Explain how the relevant employment and contract law will have a potential
impact on the business in this scenario............................................................................14
M2 You will differentiate and analyse the potential impacts of regulations, legislation and
standards with regards the above scenario...........................................................................15
Section 3 – Legal solutions to business problems....................................................................16
P4 - Suggest appropriate legal solutions for each of the above business problems.............16
P5 - Provide justifications for your solutions by either referring to a relevant statute or
using an appropriate case.....................................................................................................17
You will assess the positive and negative impacts of legal solutions to the business
problems. [M3].....................................................................................................................18
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You will critically review and evaluate the use of appropriate legal solutions in comparison
with alternative legal advice. [D2].......................................................................................19
Section 4 Recommending appropriate legal solutions based upon alternative legal advice....20
a): Explain the concept and benefits of using Alternative Dispute Resolution process.......20
b): Recommend alternative legal solutions to the following business problem. You can
consider another country’s legal system or a different legal framework.............................21
M4: Compare and contrast the effectiveness of two different recommendations................22
D2: Critically review and evaluate the use of appropriate legal solutions in comparison
with alternative legal advice.................................................................................................23
Conclusion................................................................................................................................24
References................................................................................................................................25
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Introduction
The law is considered to be an important part of the economy. It helps in maintenance of the
integrity and peace of the economy. This report contains the detailed study of Business Law
and its scope in an association, including the description of the English Legal System and the
origin of sources of law. It also defines the effect of the business law on the organizations and
the decision making. Role of the Government in enacting the law on the basis of the Civil law
and statutory law is also defined. It includes the utilization of the Alternative Dispute
Resolution and its comparison with the general legal system.
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Section1 Nature of legal systems
P1Explain the structure of the English legal system and discuss the different sources of
laws that organisations must comply with.
The UK operates on Common Law, the precedent by case laws and the legislation passed by
the authority. The structure of English Legal System includes various numbers of courts and
tribunals working on the doctrine of stare decisis which means that for making a decision
courts look up to the decision of Superior Courts. It can also be said that the decision of the
Superior Courts is binding on subordinate courts.
This hierarchal legal system consists of
Supreme Court is the highest authority of courts in the United Kingdom replacing the House
of Lords in 2009 governed by the Constitutional Reforms Act, 2005. Supreme Court hears the
civil and criminal cases involving the question of public significance. Decision made by the
Supreme Court is required to be followed by all the subordinate court unless it is restricted by
its own decisions.
Court of Appeal is the next highest court in the Legal System. This court comprised of the
Civil and Criminal Division. Both the division hears the appeal from the High Court and
other Subordinate Courts but permission should be granted by the Court of Appeal itself or
by the court whose decision is being appealed.
High Court is the court after the court of appeal which comprises Queen’s Bench Division
(QBD) and Administrative Court under Criminal Division hearing the appeal from lower
courts and new cases. Civil Divisions includes Queen’s Bench Division, Family Division,
and the Chancery Divisions. QBD handles both the cases i.e., civil and criminal jurisdiction.
Other subordinate courts to High Court are
Crown Court deals with criminal cases and the cases appealed to it from the Magistrates
Court
Country Court deals with civil cases like rights infringements, money recovery, bankruptcy,
etc.
Magistrates Courts deal with the cases of the summary offences, Indictable offences which
will be transferred to the Crown Court, family disputes.
Tribunals hear the cases related to Employment, Immigration, mental health, etc. (Davidson,
2014)
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Sources of UK Law:
Sources of law mean the origin from where different laws are derived. There are various
sources, but sources of English laws are divided into:
Primary Sources describes the law. It includes the Legislation made by the Parliament, Case
Laws. Secondary Sources are the papers, journals, etc. based on the law. It includes
Parliamentary Papers, Commentary Journals, and Textbooks. (The University Library, 2017)
These sources are explained below:
Case Law of the Courts contains the overall description of the case, the applicability of law,
evidence considered, a decision made, etc. These are also known as Report of Law. Such
report covers the significant points of law which can be used for future references.
Improvement of law from time to time depends on these significant reports.
Legislation is the law approved and enacted by the Parliament. Parliament is the topmost
legal authority in the UK legal system and any law, an act passed by the Parliament cannot be
argued with. Each year there are a number of drafts, known as bills, are presented before the
Parliament for making the law but only some of them are passed and approved by the
Parliament and making it law. Such law enacted by the Parliament is applied to the whole of
the country (unless specified). Parliament may delegate the work of lawmaking to some other
person working under its authority.
Parliamentary Papers helps to understand the intention of Government regarding the law or
act enacted by the Parliament. These consist of green papers, white papers, House of
Commons and House of Lords papers, Debates of Parliament and other publications.
Journals include the disputes or the cases held in the most recent times. These vary from
range to range as some are based on the specific area of law; some only provide the update or
alteration in the law in the recent times.
Textbooks include different types of books like the academics book for law students, books
for the legal practitioners for referring it to their cases. There are books on the specific law,
for case laws, etc. which can be referred to for research purposes. (Soas Library: Research
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Guidelines, 2012)
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P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.
A draft (Bill) has to pass through the series of stages before it is made law by the authorities.
These authorities include House of Commons, House of Lords and Monarch. Government
plays a crucial role in lawmaking as the core area on which law should be made is decided by
the government itself. Bill is drafted by the government covering all the aspects related to the
subject matter before presenting it before the House of Commons. (GOV.UK, 2013)
House of Commons includes the public appointed parliamentary members in every 5 years.
When the draft reaches the House, the first reading is conducted by the House which is just a
general reading of the draft which is then followed by second reading, inviting all the
objection by the members relating to the draft. House may constitute a committee for
referring the draft to it for further modifications. If any suggestion is given by the committee,
it is discussed. After such discussion, third and final reading is done where the bill is
approved or discarded. It is then referred to the House of Lords.
House of Lords includes the government approved members. A similar procedure is
followed in the House of Lords and if there are any alterations required to be made, same is
suggested to the House of Commons or the bill is put to the cast of the vote.
Royal Assent is said to be the final approval for the draft. The bill is presented before the
Monarch when it is approved by both the Houses. The provision relating to the Monarch
approved is defined under Royal Assent Act, 1961. After the bill is approved, it is informed
in the official gazette and it becomes enforceable from the date of such notifications.
(Parliament.UK, 2016-17)
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M1 You will evaluate the effectiveness of the legal system in terms of recent reforms and
developments.
The English Legal System is considered very broad; therefore various significant reforms
took place over the last few years. These reforms are increasing in the court charges in order
to limit the plaintiff no to file a case just to annoy another party. These reforms took place in
two phases, first phases includes the institutional reforms like transformation of the House of
Lords into Supreme Court, creation of Ministry of Justice, etc. Second phase includes
reduction of the legal charges of the practitioners of law and winding up of Legal Services
Commission and formation of new body named as Legal Aid Agency. (Partington, 2015)
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D1 Provide a coherent and critical evaluation of the English legal system and law, with
evidence drawn from a range of different relevant examples to support your judgement.
English Legal System, being a wide legal system, has extended to many countries. This
system has a history of evolving from time to time. Various reforms took place from 2000 to
2015, like institutional reforms, alteration in the fee structure of the courts and practitioners.
English Legal System is based on the Doctrine of Judicial precedents which means that the
significant legal awards issued by the Court will be binding and can be used for future
references by the subordinate courts. It can also be said that the Courts and judges of higher
authority have control over lower courts and judges.(Inbrief, 2017)
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Section 2 Impact of the law on business organisations
P3
a) Briefly explain employers’ legal obligations in relation to;
i) Occupational Health and Safety
The ruling of the provisions of the occupational health and safety are provided in 2004 in the
Victoria. The dealing of the act is in such terms which provide the provisions related to the
health and the welfare of the different individuals involved in the workplace. This act also
helps in guaranteeing the safety of the several individuals from the general population areas
for the several acts of the individuals and such individuals which are employed independently
(Bell, 2011).
This act also helps in providing the certain regulations on the employers which include the
needs to assure overall execution level of the safety and health of the workers and
accordingly eliminate the hazards involved in the workplace. It is ensured by the employers
that all the equipment’s provided to the workers are safe and secure.
ii) Workers compensation:
This act was executed by the government of the United Kingdom to secure the interests of the
workers. The ruling of this act was executed in the year 1906. The provisions of this act are
formulated by both the employers and the employees. This act also formulates the provisions
regarding the payment of the share of the profit to the employees in case of the involvement
of the business profits. It is also provided that it is the duty of the employer to provide the
adequate facilities related to the working environment and the equipment’s, and if any case
the accident involves then in such case the employer is liable to compensate it (Bclaws,
2017).
iii) Harassment:
All the liabilities related to the workplace are imposed on by the employers. If there is
involved any of the acts related to the harassments then the liability falls apart on the
employer of the workplace. Hence effective protection should be provided to the workers in
the work environment. If such an act is involved then the employer must solve it taking into
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consideration the ruling of equality act. Effective and the adequate investigation is also
required to be necessitated by the employer when there is involved any of such activities.
Effective and the adequate environment should be provided in by the employers to the
employees where they can work without any hesitations. The effective strategies should be
set by the business to eradicate the concept of provocation in the business.
iv) Equal opportunities:
The ruling related to the Equality Act 2010 is provided to the employers in terms of the
unjust treatment in relation to the race, sex, religion, etc. If there is involved the act of the
exploitation in the workplace then in such case the employer is liable for such actions. The
matter must be dealt in with the involvement of the actual evidence. The provisions of this act
helps in the development of the concept that if there is involved the activities of the
inequalities then the business should review its planning and the procedures and if these are
breached then the responsibilities are imposed on the related authorities and the liability to
impose the corrective measure is also on the employer (Emir, 2016).
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b) Explain how the relevant employment and contract law will have a potential
impact on the business in this scenario.
Issue: The issue in the present case is related to the employment regulations and the
contractual obligations that are imposed in on to the employer. In this case, there is involved
the injuries to the girl child in the workplace.
Rule: The provisions of the Health and Safety act 1974 are applicable in this case along with
the provisions of the contract act. This act provides that the employer is liable for the acts
involved in the workplace when there are not provided adequate safety measures to the
workers. While the contractual obligations are provided in this case that bars the contract
terms with the minor individuals (Bell, 2011).
Analysis: It is analysed from the above scenario that the act of the accident involved in the
workplace is due to less stuff available in the area and also due to non-availability of the team
leaders to monitor the safety of the individuals. Hence there is involved the breach of the
provisions of the health and safety and hence the manager should be lodged in the legal
proceedings and the decisions are formulated accordingly. The fine up to £20,000 can be
claimed in by the individual when there is the breach of provisions of the law or carelessness
on part of the employer to reduce the consequences of the danger. The employee is also not
bounded by the contractual regulations as the contract formed is considered to be void (Emir,
2016).
Conclusion: It is concluded from the above case that if there is the imposition of the fine or
the penalties on the business where a girl was injured then this helps in the employer to
develop more awareness in regards to the safety of the individuals at the workplace. This also
helps in avoiding such kind of accidents in the future.
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M2 You will differentiate and analyse the potential impacts of regulations, legislation
and standards with regards the above scenario
Health and Safety act 1974:
The provisions of the health and safety act help in saving the interests of the workers in terms
of the safety availed to them in the workplace. If these obligations are not fulfilled by the
employer in the workplace then in such case the employee is liable to be compensated for the
acts of the employer.
Occupier’s Liability Act 1957:
This act covers the liability which is provided to the occupiers. This act also involves the
principles which are laid by the application of the provisions of the common law. Here the
liability is imposed on the part of the employer who fails in maintaining their associated
properties. In the case scenario of the girl child, the employer is liable for the acts of the
workplace hence the compensation is provided to them (Bell, 2011).
Factories Act 1961: This act states that while establishing a workplace all the security and
safety measure should be complied with. If any injury is incurred by the employee due to the
negligence of the employer then the employer will be considered liable and have to
compensate the employee.
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Section 3 – Legal solutions to business problems
P4 - Suggest appropriate legal solutions for each of the above business problems.
Case 1:
In the given case of the Calvin was employed as a designer in the fashion industry. This case
provides the understanding regarding the concept of the unfair dismissal by the employer at
the workplace. The applicable provisos of the Employment Act 1996 are applicable in this
scenario. The contractual terms are breached in this case (Emir, 2016). The effective enquiry
is also not held by the employer on the account of the removal. The legal remedy which is
availed by the Calvin in the given case is related to the reinstatement, reengagement, etc.
Although the Calvin can also claim the compensation in accordance with the regulations of
the Employment Tribunal Act.
Case 2:
In the given case of Dan, there are involved the application of the provisions of the Frauds
acts and its rulings. In this case, there is involved the fire at the workplace and when asked by
the insurance company then the answers are provided recklessly. This holds the view of the
insurance company that the intention which is presented by the Dan is termed as a mala-fide
and hence no compensation is provided to him in this case (Faulkender, et. al., 2010).
Although it is proved by the Dan that the interests are not the mala-fide but it is bonafide
which proves that the motive of Dan is not to cheat the insurances company. Hence in such
cases, the insurance company can grant the compensation to the Dan for the loss arrived at
the location.
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P5 - Provide justifications for your solutions by either referring to a relevant statute or
using an appropriate case.
Case 1: In the case situation of the Calvin there is involved the grounds of the unfair
dismissal and the removal by the employer without serving the notice. If the disputes among
both of the employer and the employees are solved with the settlement then this helps the
company from the legal proceedings. In the decided case law of Chagger v Abbey National
plc & Hopkins (2009), it is provided that the Chagger was expelled unreasonably from the
workplace. The remedy which is available with the Calvin is that he can claim the
compensation from the employers. But if they use the mode of legal proceedings then to the
settlement then this involves the company in the huge costing (Citizens Information, 2016).
Case 2: in the decided case law of Eliza vs ACE, (2008), it is provided that when there is
involved the answer of the query asked by the insurance company then it is answered
adequately. This act also holds the condition on the employer regarding the conditions related
to the insurance otherwise the contract becomes void in future.
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You will assess the positive and negative impacts of legal solutions to the business
problems. [M3]
There are involved both the sides of the legal solutions provided to the various business
problems. The legal solutions help in the settlement of the various business problems and the
activities. This also helps in guiding the individuals regarding such acts in which there is
involved no repetition of the activities which hampers the working of the business. This also
helps in the employer regarding the involvement of such acts which provides them with the
understanding regarding the removal of the employees without serving the notice in the
adequate time frame. This also helps in necessitating the effective environment and the
workplace in the work-related context (Allen, 2015).
Similarly, the legal solutions which are provided in the case of Dan help in guiding the
individuals regarding answering of the query which was asked in by the insurance companies.
The negative side of this is that it affects the relationships among the parties involved in the
disputes or the arrangement.
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You will critically review and evaluate the use of appropriate legal solutions in
comparison with alternative legal advice. [D2]
The dispute which is involved among the Calvin and Donna can be solved by the parties
through the use of alternative procedures and the acts. This helps in the parties to solve the
cases in the minimal time frame without affecting their business relationships and the
reputation. This also helps in the development of the faith among the individuals and helps in
the business growth and the productivity (Emir, 2016).
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Section 4 Recommending appropriate legal solutions based upon alternative legal
advice
a): Explain the concept and benefits of using Alternative Dispute Resolution process.
Alternative Dispute Resolution (ADR) means resolving the dispute through an alternate
process rather than reaching the courts. These alternate methods include Arbitration,
Mediation, Conciliation, Negotiation, etc. In England, Arbitration and Mediation are the well-
known ADR’s. Most of the control in ADR is with the parties to dispute. (GOV.UK, 2015)
Arbitration is a process in which disputed parties decide to appoint one or more persons
making a decision which will be obligatory on the parties. Such decision made by the
Arbitrator is called “Award”. If the party fails to follow the awards issued then the court can
enforce the parties to follow it. The whole process of arbitration is governed by the
Arbitration Act 1996.
Mediation is a process in which a person not linked to any of the parties is appointed to help
them reach an agreement between the parties. The person appointed is known as Mediator.
It's the obligation of such person to inform the parties their legal positions and arranging
appointments until the matter is resolved.
Negotiation is a method of resolving financial matters on their own or through their lawyers.
There is no other party involved controlling the decision of the parties.
Conciliation is a process in which a person is appointed as a conciliator who is allowed to
suggest solutions. It is an event which can be solved internally rather than going for legal aid.
(Inbrief, 2017)
Benefits of using Alternative Dispute Resolution:
This alternate process is a quick decision-making process which means it saves time. The fee
under this alternate is very low in comparison with the court. It is a formal procedure. ADR is
more private and confidential process in comparison with the court. ADR concentrates on the
dispute and the necessity of the parties rather than focusing on the guidelines to follow.
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b): Recommend alternative legal solutions to the following business problem. You can
consider another country’s legal system or a different legal framework.
In accordance with this situation, mediation is the most suitable ADR for Antwon and Tyrell.
As in mediation, a solution is provided by the mediator for helping the parties maintain a
friendly working relationship with each other. And in this situation both the parties’ wants
maintain such relationship. Moreover, the process is controlled by the parties itself and it is
also an informal process which will help to reduce the stress so that parties can think clearly.
In Hong Kong, Alternate Dispute Resolution has been institutionalized. The law society of
Hong Kong and the Hong Kong International Arbitration Centre are the major providers of
the services of alternate resolution
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M4: Compare and contrast the effectiveness of two different recommendations.
There is involved the effective difference among the functioning of the ADR which is
formulated in the United Kingdom and which is formulated in Romania. The mediations are
considered to be a procedure which is adopted by Romania while the other techniques and the
procedures are followed in the UK.
Arbitration: The arbitration is considered to be the preferable form which is used in by the
individuals to solve the disputes through the procedure which is followed other than of the
court. This affects the business reputation and the interests of the parties (Pryor, 2017)
Mediation: Mediation is used to solve the disputes with the appointment of the mediator and
with the formulation of the effective communication among the parties to the disputes. This
also helps in saving the reputation of the business and the parties involved.
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D2: Critically review and evaluate the use of appropriate legal solutions in comparison
with alternative legal advice.
In the case scenario of Antwon and Tyrell, the case can be solved with the help of both the
legal solutions and through the procedure of ADR. The best suitable solution is through the
usage of ADR as this helps in the maintenance of the effective relations among the parties
along with their business reputation and the functioning. This is also helpful in saving the
time and money of the individuals (Dye, 2017).
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Conclusion
It is concluded from the above report that the effective arrangement of the legal system helps
in the management and the administration of the system which prevails in the United
Kingdom. The effective arrangement made in to solve the cases and administer it helps in the
business and individuals to accommodate the working. The effectiveness in terms of the role
which is played by the administrative departments in the formulation of the laws and the
decisions make helps in to administer the effective working. The conceptual framework
related to the application of the acts related to the equality, harassment helps in the
individuals to maintain the integrity at the workplace. This also helps in protecting the
interests of the workers at the workplace. The solution of the several legal problems helps in
the development of the concept related to the application of the law which is applicable to the
individuals and the several situations. Such understanding and acts are developed which helps
in the protection of the interests of the workers at the workplace.
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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
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http://www.bclaws.ca/Recon/document/ID/freeside/96492_01.[18 July 2017]
 Bell, M., 2011. Achieving the objectives of the part-time work Directive? Revisiting
the part-time workers regulations. Industrial Law Journal 2011.
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http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/
dismissal/fair_grounds_for_dismissal.html [ 9 December 2017].
 Davidson, M, 2014, Court Structure of the Common Law world. Just Cite The good
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compensation: An overview of research on corporate practices and proposed reforms.
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[Accessed on 29.01.2018]
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 In Brief, 2017, Alternative Dispute Resolution Methods. Available at:
https://www.inbrief.co.uk/preparing-for-trial/alternative-dispute-resolution-methods/ .
[Accessed on: 29.01.2018]
 Partington, M., 2015. Transforming the English Legal System: Recent changes and
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