Understanding the English Legal System

This assignment delves into the intricacies of the English legal system. It requires you to analyze various aspects, including its hierarchical structure, key institutions like courts and tribunals, sources of law, and the role of precedent. The assignment also explores alternative dispute resolution mechanisms and examines the historical development of the English legal system.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
A) Structure of English legal system and sources of law organisations has to follow...........1
B) Discussing role of government in law-making..................................................................3
M1) Effectiveness of legal system.........................................................................................5
SECTION 2......................................................................................................................................5
P3 A) Employers' legal obligations........................................................................................5
B) Employment and contract law...........................................................................................6
M2) Impacts of regulations, standards and legislations.........................................................7
SECTION 3......................................................................................................................................7
P4) Provide appropriate legal solutions..................................................................................7
P5) Justifications for legal solutions.......................................................................................8
M3) Positive and negative impact of legal solutions..............................................................8
SECTION 4......................................................................................................................................9
P6 A) Benefits of Alternative Dispute Resolution process....................................................9
B) Recommendation for alternative solution.........................................................................9
M4) Compare two different recommendations......................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Law has immense importance in businesses so that fair business practices can be
achieved complying with the legal framework. The present report deals with importance of laws
in the organisation. It is discussed about English legal system and role of government in law-
making. Moreover, Alternative Dispute Resolution process is also discussed and legal solutions
to the business problems is explained as well. Employer's must be obliged to provide all the
facilities to workers so that they may work with full efficiency and productivity may be
enhanced. Employees' rights at the workplace is also explained and various impacts of laws and
regulations are also discussed in this report.
SECTION 1
A) Structure of English legal system and sources of law organisations has to follow
English legal system which applies to England, Scotland, Wales and Northern Ireland.
The law has two divisions such as civil and criminal division. The both laws are applied to
citizens and business organisations as well. The main aim of these laws is to provide justice to
victim and as such, effectiveness of English legal system is higher than other legal systems of
nations (O'kelley and Thompson, 2017). The main sources of law are legislation, common law,
European Union law, European Convention on Human Rights. The chart provide structure of
English legal system which is listed below-
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Illustration 1: English legal system Source: law.duke.edu
Supreme Court: UK's legal system is powerful because of Supreme Court. It is the
highest court which hears criminal and civil cases which are not resolved by other inferior courts.
Thus, it provides final judgement on various cases and imparts justice to the victim. The court is
functioning with effect from 1 October 2009. This is authorised by Constitutional Reform Act,
2005. Thus, it hears upon major cases and provide justice quite effectively.
Court of Appeal: After Supreme Court, this court solve cases consisting of criminal and
civil. The both divisions are led and authorised by different personnels such as civil cases are
authorised by Master of the Rolls and other division is authorised by Lord of Justice (The Legal
System of the United Kingdom, 2018). As such, criminal and civil cases are resolved with much
ease and adequate judgement is provided to the victims. The civil law handles only non-criminal
cases and as such, both criminal and civil laws have different procedures for handling each of the
cases and pass fair judgement.
Crown court: This court hears appeals from Magistrates' Court. Crown court is
authorised to handle criminal cases as guided by English legal system. The cases include murder
charges, rape, drugs and theft and many more. These criminal cases are resolved by Crown court
and as such, fair judgement is imparted.
High court of justice: This court deals with essential cases. Lord Chief Justice is
authorised in this court. This consists of three divisions such as Queen's Bench, Chancery and
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Family divisions. The main essence of such elements is that if one case is initiated in any
division, then it can be transferred to other ones so that appropriate judgement can be provided in
fast and effective manner.
Magistrates' court: It is the lowest court which deals with less profile cases related to
family problems, traffic violations, theft and other cases as well. Thus, high profile cases are
being resolved by other high courts intended to handle them.
County court: This court deals with civil cases and not of the criminal cases. As such, it
differs from other courts held in English legal system. The civil cases such as family issues and
problems or towards businesses as well (Cameron, 2017). On the event of judgement, claimant
has to paid the amount by organisations or any other parties involved in the dispute. As a result,
claim amount is paid to the victim and fair judgement is provided by County court.
The personnels such as solicitors and barristers in the English Law are equally important.
Solicitors provide legal services to companies, citizens etc. and they provide solutions to them.
As such, main essence of solicitors is that they solve client problems and initiates legal solutions
governed by law and statute. While, barristers role is different in English Law. They receive
instructions from Barristers. They provide instructions to solicitors and as such, expert opinion is
imparted which leads to resolve problems of various clients.
Sources of law for organisations
UK government provides effective laws and regulation so that fair trade practices can be
initiated with much ease (Allen and Kraakman, 2016). The laws include providing distinct name
of organisation required by Companies Act, 2006 and previous laws. Moreover, this act also
requires defining duties and responsibilities of directors. In relation to this, European Union law
provides guidelines and as such, fair business practices are accomplished with the help of such
laws.
B) Discussing role of government in law-making
Role of government in making laws is quite essential. Various stages are accomplished
and as such, bill is formulated into law with permission and approval of various authorities.
Then, bill becomes law in the Act of Parliament. The passed bill becomes law and organisations
and citizens has to follow them. The stages in law-making by the government are as follows-
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Bill- This is the initial stage which involves drafting a bill in which reason for such bill is
listed. As such, bill is prepared and presented in the court which has the jurisdiction related to the
nature of the bill. There are various bills such as private, private members, public bills are
presented in the court for approval of the same.
1st Reading-
In the first stage, bill is formulated and title of the same is also made and this is presented
to House of Commons. As such, this stage no further activities are accomplished and just a bill is
drafted and named (Burnham, 2016).
2nd Reading-
This is second stage which consists of debate related to the nature of the bill. MP is
presented the bill and votes are initiated for and against it and majority of the votes makes
decision whether bill can be passed for further stages or not.
Committee Stage-
In this stage, House of Commons has the main responsibility regarding bill. Detail
screening of bill is initiated and analysed by the authority. If there is some deficiency in the bill,
then amendments are done quite effectively.
Report stage-
At this stage, House of Commons is again directed by the committee as it reports back to
the party. As such, debate is done by the committee regarding the bill as well (Jones, 2017).
3rd Reading-
At 3rd reading, House of Commons is again presented with the bill for taking decision
whether to qualify it for next stage or not.
House of Lords-
The next stage in law-making by the government is that bill is passed to House of Lords
to make analysis of it and make amendments if any. The amended bill is again transferred to
House of Commons.
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Royal Ascent-
Royal Ascent is the last stage for making bill into law. Monarch signs and approves the
same and law is being enacted which is legally binding on citizens and organisations as well.
Defining Statutory and Common Law -
Statutory law is enacted by the government and it is in the written form. It is the highest
law which passes through various stages and as such, law is prepared in the parliament which has
legal framework and organisations and people has to abide by the same (Disch, 2016). On the
other hand, common law means that it is prepared by the approval of the courts and intervention
of government is not there. The main essence of common law is that it acts as precedent. It is
different form statutory law.
M1) Effectiveness of legal system
English legal system is quite effective as it provides fair judgement to protect the rights
of the victim. Judicial system provides effectual results by solving disputes with much ease. The
criminal and civil cases are handled quite effectively by the legal system. Moreover,
organisations and citizens are required to abide by the laws for effective legal framework. Thus,u
it can be said that English legal system is highly effective and has good structure which provides
fair judgement.
SECTION 2
P3 A) Employers' legal obligations
1. Occupational Health and Safety-
Employers' have the responsibility to take care of employees regarding their safety at the
workplace. It is the obligation of employer to analyse whether proper safety measures are
provided to them or not. In relation to this, protective clothing should be provided if organisation
is engaged in construction sector where chances of hazards are present up to high extent. As
such, helmets and googles should be provided to workers so that they may be safeguarded with
much ease (Devine and et.al., 2017).
2. Workers compensation-
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In the event of any incident occurs at the workplace in which workers' get injured, then
compensation must be provided to them. This is the obligation of employers' to provide
compensation when any injury is observed to employees in the business premises. For ensuring
this, insurance company must be referred by the employer's. Thus, medical insurance and other
type of insurance must be provided to workers. Thus, it is the right of employees to claim for
compensation from the employer's.
3. Harassment-
It is a serious offence and as such, employers' are obliged to provide safety to employees'
mainly to female ones. Harassment Act, 1997 provides that harassment done in the organisation
is a serious offence and employers' are required to provide full protection to workers so that they
may easily accomplish work. The main aim of this act is to provide protection to employees' so
that they may be safeguarded against it (Tushnet, 2017).
4. Equal opportunities-
All employees should be treated equally at the workplace and as such, it is the obligation
of employers' to provide same opportunities to male and female workers. Equal opportunities has
another perspective which is that they should not be discriminated on the grounds of race, caste,
religion etc. As such, no discrimination and biasness should be made by the organisation. As a
result, it is the duty of employers' to look after that equal opportunities are being imparted to
employees at the workplace. Moreover, Equality Act, 2010 provides that employees should be
provided with all the civil rights in the company.
B) Employment and contract law
It can be implied that minor should not be allowed to work. From the case study, it can be
analysed that 16 years old girl was badly injured in the restaurant. The girl was slipped on the
floor and her hand was let down in hot oil which led to severe burns. It can be said that incident
happened with minor girl because of negligence of employer who was engaged doing other work
(Swanson and Frederick, 2016). Thus, it was due to negligence of employer which led to severe
injury to girl.
Furthermore, Child labour Act case can be filed against the employer for giving work to a
minor. It is a serious offence committed by the fast food outlet. Operational work should not be
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given to minor girl and as such, incident could have been stopped from happening of the same.
Moreover, he should have given proper medication to the girl and should have taken her to the
hospital. But, he had not provided the medical facilities to her. Thus, he has violated health and
safety laws and as such, he can be punished under the act for not providing adequate facilities to
her. Thus, employer can be penalised under two acts which are giving work to minor covered in
Child labour Act. While other one is regarding health and safety laws which is covered as he did
not provide her medical facilities.
M2) Impacts of regulations, standards and legislations
Regulations
Regulations are often laws which are formulated by the government. It can be analysed
from the case study that government should provide regulation so that equal opportunities may
be imparted to workers (Kalyvas, 2018).
Standards
These are quality measures which should be provided by the employer to workers for
health and safety at the workplace.
Legislations
These are known as various acts which are formulated by the government for the
betterment of the nation. Thus, legislation is legally binding on all citizens.
SECTION 3
P4) Provide appropriate legal solutions
The legal solutions can be provided to both the cases. Starting from the first case of
Donna and Calvin. Donna dismissed the employee without extracting the main reason behind
theft of £100 and convicted Calvin as a thief. The termination was invalid and because legal and
proper notice needs to be provided to employees (Michalos, 2017). It is guided by Employment
Rights Act, 1996 which is full based on rights of employees at the workplace. Unfair dismissal of
employees is listed in this act which states that employee has the full right to receive proper
notice before termination. But Donna terminated employee without conclusive evidence. Thus,
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Donna has to indemnify Calvin as loss was suffered by him and as such, compensation should be
made to the worker.
Other case which is related to Dan who has suffered substantial loss due to fire occurred
in the new store. He filled out in the proposal that he had not availed any premium within two
years. But he forgot that he had availed such premium earlier. In such circumstance, according to
the policies of the fire insurance, Dan has to suffer loss because he previously availed amount
from the insurance company. Thus, in accordance to the terms and conditions, insurance
company is not obliged to pay any amount to Dan. Thus, insurance company is not liable to pay
any amount to the loss suffered by Dan.
P5) Justifications for legal solutions
The above two cases can be easily justified. The case of Donna and Calvin where
employee was terminated without issuance of legal notice. Employment Rights Act, 1997 can be
applied and as such, it can be said that Donna violated the rule of the act by unfairly dismissal of
Calvin without concrete evidence and declared him as a thief. Thus, she can be held liable for not
providing legal notice before termination of the employee (Maresch, Harms, Kailer and
Wimmer-Wurm, 2016). Moreover, compensation should be provided to him as he suffered loss
as he was employed in the organisation. As such, he can get back his job with much ease. As a
result, proper legal notice should be provided by the employer before terminating employee from
the company.
Other case can also be justified which relates to insurance company and Dan. The terms
and conditions of the insurance was to provide claim amount within two years but Dan filled out
in proposal that he had not availed any amount. It can be justified as per the terms of insurance
that company is not held liable to pay claim amount to Dan as it was not within the scope of
contract. Thus, loss occurred due to fire cannot be transferred to insurance organisation as period
was not cover in it (Paolella and Durand, 2016). Thus, Dan has to suffer loss. Legal defence can
be used by insurance company. Whereas, Calvin may use employee compensation as a business
solution for recovering loss suffered by him.
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M3) Positive and negative impact of legal solutions
Positive impact of legal solutions is that employees and people are provided all the rights
which are required to be imparted by business. Legal defence gives protection from not
involving in the cases.
However, it has negative aspect as well. Organisation has to follow various standards and
rules and to provide adequate facilities to employees. Thus, additional costs are incurred.
SECTION 4
P6 A) Benefits of Alternative Dispute Resolution process
Alternative Dispute Resolution process is quite effective alternative to solve disputes
without intervening from the court. This is the concept which is solved with various stages such
as mediation, arbitration, negotiation etc. and that too without the trial. It is important tool for
resolving disputes between parties in fast and effective manner. It is highly beneficial as it
provides faster results in comparison to court where judgement requires more time. Moreover,
confidentiality is maintained as dispute is resolved with the intervention of arbitrator and
mediators (Pluymert, 2011). No records are published to public. Neutral decisions are made as
such, proper judgement is made.
B) Recommendation for alternative solution
The business relationship between Antwon and Tyrell can be easily resolve by taking
help from the mediator in the alternative dispute resolution process. Thus, it can be
recommended that mediation could be seek for solving disputes without affecting business
relationship between both of them. Mediator is the person which hears upon the case and after
analysing the case, he can provide final verdict and as such, dispute can be solved with much
ease. The mediation is the effective method without obtaining trial from court and fast results can
be obtained with much ease. As such, it is hereby recommended that mediator help can be taken
by Antwon and Tyrell to solve dispute between them quite effectively (Gabrielsson, Whaley and
Sloboda, 2016).
M4) Compare two different recommendations
Alternative dispute resolution process can be effectively used in the above case of
Antwon and Tyrell to resolve business relationship between them. Thus, arbitration and
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mediation is effective tool for solving disputes with much ease. Hereby, fast and effective results
can be easily obtained by the such process with much ease.
CONCLUSION
Hereby it can be concluded that law has much relevance to businesses as it guides them
to follow proper legal framework and as such, fair business practices are achieved with much
ease. Moreover, structure of English legal system is quite effective and provides adequate
judgement and gives right decision and penalises the victim. Moreover, it can be said that role of
government in law-making is effective as well.
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REFERENCES
Books and Journals
Allen, W. T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Burnham, W., 2016. Introduction to the law and legal system of the United States. West
Academic Publishing.
Cameron, P., 2017. International energy investment law: the pursuit of stability. OUP Catalogue.
Devine, W. M and et.al., 2017 International Business Machines Corp. Securing live migration of
a virtual machine from a secure virtualized computing environment, over an
unsecured network, to a different virtualized computing environment. U.S. Patent
9,715,401.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Gabrielsson, A., Whaley, J. and Sloboda, J., 2016. Peak experiences in music. In The Oxford
handbook of music psychology.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Kalyvas, S. N., 2018. Civil wars. In The Oxford handbook of comparative politics.
Maresch, D., Harms, R., Kailer, N. and Wimmer-Wurm, B., 2016. The impact of
entrepreneurship education on the entrepreneurial intention of students in science
and engineering versus business studies university programs.Technological
forecasting and social change. 104. pp.172-179.
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Michalos, A. C., 2017. The loyal agent’s argument. In How Good Policies and Business Ethics
Enhance Good Quality of Life (pp. 53-61). Springer, Cham.
O'kelley, C. R. and Thompson, R. B., 2017. Corporations and other business associations: cases
and materials. Wolters Kluwer Law & Business.
Paolella, L. and Durand, R., 2016. Category spanning, evaluation, and performance: Revised
theory and test on the corporate law market. Academy of Management Journal.59(1).
pp.330-351.
Swanson, D. L. and Frederick, W. C., 2016. Denial and leadership in business ethics
education. Business ethics: New challenges for business schools and corporate
leaders. pp.222-240.
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative
law.
Online
The Legal System of the United Kingdom, 2018 [Online] Available Through:
<https://www.cilex.org.uk/about_cilex/about-cilex-lawyers/what-cilex-lawyers-do/the-uk-legal-
system>
Pluymert, 2011 THE BENEFITS OF ALTERNATIVE DISPUTE RESOLUTION [Online]
Available Through: <https://www.lawpmh.com/the-benefits-of-alternative-dispute-resolution/>
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