Business Law: Understanding the English Legal System and its Application to Strand Palace Hotel

This report delves into the intricacies of the English legal system, examining its structure, sources of law, and application to real-world scenarios. Using Strand Palace Hotel as a case study, the report analyzes how various legal concepts, including contract law, company law, and employment law, impact business operations. It further explores the role of the judiciary, the process of dispute resolution, and the effectiveness of legal solutions in addressing business problems. The report concludes by recommending mediation as a more efficient and cost-effective alternative to arbitration for resolving business disputes.

Business Law
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Table of Contents
Introduction......................................................................................................................................3
LO1 & LO2 (Part 1)........................................................................................................................4
P1.................................................................................................................................................4
P2.................................................................................................................................................7
M1................................................................................................................................................8
P3.................................................................................................................................................9
M2..............................................................................................................................................11
D1..............................................................................................................................................11
L03 & LO4 (Part 2).......................................................................................................................12
P4...............................................................................................................................................12
P5...............................................................................................................................................14
M3..............................................................................................................................................15
P6...............................................................................................................................................16
M4..............................................................................................................................................17
D2..............................................................................................................................................17
Conclusion.....................................................................................................................................18
References......................................................................................................................................19
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Introduction
This report discusses the Concept of law and analyse it different concepts. English legal system
divided into a civil and criminal division and based on the England and Wales. This report
discusses the sources through which laws are formulated and also elaborate the structure of UK.
Legal system is a combination of different laws, uniqueness of these laws are explained in this
report. For explaining this report, Strand Palace hotel is selected and defines the roles related to
legal system. It also evaluates the different legal solutions and provides the effective solution.
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LO1 & LO2 (Part 1)
P1
a. What form does your constitution take?
United Kingdom is divided into three separate legal systems that are Scotland, Northern Ireland
and Wales and England and created by the political union of independent countries. UK has an
unmodified constitution that prescribes the privileges of individual and describe the role of
administration that how it should perform.
b. What system of governance is provided for?
System of governance in UK can be elaborated by its structure, system, Head of state.
Structure: Parliament of UK is divided into two houses that are a house of lords and House of
common. House of Lords is appointed under the life peerages Act 1958. House of common is a
representative body that is elected. There are some persons which are disqualified from
membership such as minor persons, full-time judges etc. (Genn, 2015).
System: UK follows the parliamentary form of government in which Supreme Court is law-
making body. It follows the doctrine of sovereignty in which the courts accept the regulation
which was ratified by parliament and takes primacy over common law.
Head of state: Monarch is the head of public that occupies the position by birth and unelected.
Monarch is legally responsible for their own work.
c. Does the constitution provide for a separation of powers?
UK does not have any formal power of separation. Strand Palace hotel follows the system of
power that is divided into three branches.
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Legislative branch and Executive branch is created by monarch but legislative includes the
House of Lords and House of Commons. Executive includes the government minister, prime
minister and armed forces. Judiciary includes the magistrates and judges. It developed the checks
and balance systems and solves the matter of legal disputes.
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Power
Legislative Executive Judiciary

d. What is the general legislative process?
Legislature is created and includes the House of Lords and House of Commons. Before
parliament two types of bill can be placed. Private and public bill, Private bill are a non-
governmental bill and have importance on certain days in each meeting but flop for lack of
governmental time. These include the matters of corporate, individual etc. public bill includes the
matter of public at large. Bill of administration is adopted by cabinet into the programme of
government‘s law-making For a bill to develop in Act of parliament is divided in to process.
 First Reading: It is the formal stage in which theme is presented.
 Second Reading: It involves the discussion on bill in House of Commons.
 Committee stage: This stage scrutinise the bill in point and changes can be made
according to it.
 Report stage: Changes are considered at this stage and that must be reported to the house.
 Third Reading: It is the final stage in which bill is framed.
e. Is there a doctrine by which the judiciary can review legislative and executive actions?
Judicial review is the procedure under which governmental and administrative actions are subject
to review by judges. There are different grounds for challenges such as illegality, that can be
arises in case where public body misuses the power and involves the wrong legal question.
Unreasonableness, it arises when the public body while getting at the decision, took the
extraneous matter or failed to consider the relevant matter. CCSU V Minister for civil service
(1983) UKHL 6, it was held that privilege powers are not habitually outside the purview of
judicial review.
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P2
a. To what extent do international sources of law apply?
The international source of law is based on the EU legal order and subject to the obligations
which include the conventions and treaties. Treaties can be in form of bilateral and multilateral
and made by the government. Secondary source of EU includes the directives, regulations and
court of justice.
b. What is the general court structure and hierarchy?
UK legal system is based on the wales and England and includes the civil and criminal law. The
hierarchy contains the different courts. Supreme Court is the highest appellate court in UK. It
discusses on the disputable opinions of law of public significance for civil cases in UK. Court of
Appeal with the high court constitutes “senior courts” of Wales and England. It separated into
civil and criminal division. High court deals with the civil and family cases at first instance and
includes the Family, Queen’s Bench and chancery court. Country court, perceives of money
claims with a value of GBP 100,000 and claim for compensations for individual injury with a
value up to GBP 50,000. Court of magistrate perceives the criminal cases and cases of juveniles.
If any dispute arises in strand palace hotel, the parties can gain to solve the cases through the
structure of UK (Hierarchy, 2018).
c. To what extent are lower courts bound by the decisions of higher courts?
In English legal system, adjudicators have power to deduce law and assured by practice.
Judgements consist of facts, legal position or reason for decision. A ratio sets a mandatory
precedent for lower courts. A ratio can be overruled, in case if it is inappropriate in a future case
in the same or developed court. In case of a petition, decisions can be reversed. The court of
appeal decides the rule of ratio decidendi in case of improper decision.
d. Are there specialist courts for certain legal areas?
English legal system is based on the structure of England and Wales, and includes the specialist
courts. These are court-martial which deals with the wrong hearings of women in Royal Navy,
Royal Air Force for serious offences. Coroner’s court explores the violent, sudden and unnatural
deaths. On October 2015, new professional financial list grips the dues related to the pecuniary
market.
e. Are other quasi-legal authorities commonly used?
The other quasi-legal authorities include the tribunals and ombudsmen. Tribunals are an
independent part of Wales and England and set up by legislature to rule on disagreements
between private organisations and individuals. There are 100 tribunals located in a different area.
Ombudsmen are advocates and appointed to deal with grievances in Strand palace hotel. They
are trying to decide the dispute without going to court. Different ombudsmen are there such as a
legal ombudsman, European Ombudsman, and financial ombudsman service.
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M1
English legal system is followed by the England and Wales that has been progressing from time
to time. To compete with the modern world, legal system makes different changes. It established
the tribunals, through which cases can be resolved quickly. They hear the cases from police
station to court of magistrate, through this it reduces the burden of court. Another change that is
implemented by the court is use of digitalisation, in which all work is performed by internet.
Files are uploaded on internet that will be an easy process for lawyers and verdicts are given by
the judge on internet. The process of digitalisation helps the court in framing the decision in an
effective manner.
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P3
Contract law: Contract is an arrangement between two or more parties that is used in day to day
life. If manager provides the job to employee then there is a contract between manager and
employee. They have to perform according to the terms and conditions of contract.
Company law: Company law plays a significant role in UK and governed by the Companies Act,
2006. It provides the different roles starting from the registering till the dissolution of company.
The members of company have to follow the laws of companies act.
Employment Law: Employment law defines the relationship between Employer and Employee.
The law discuss the norms regarding the safe working environment, conditions of employment
and responsibilities of employer towards employee (WIP0 2018).
f. Are certain emergency powers reserved for the executive?
Emergency power is based on Civil Contingencies Act 2004 and divided into two parts:
 Emergency Power: This power can be used in case of emergency and deals with
emergency power.
 Local arrangements for civil power: This power is made at the regional level for public
and establishes the new framework. It describes the rights and responsibilities of regional
responders.
g. Are human rights constitutionally protected?
ECHR is incorporated through HRA 1998 and did not permit courts to cancel legislature, in case
if ECHR invades. If national court recognises an Act of parliament invades the ECHR, then the
law court will make affirmation under section 4 of HRA 1998 for invalidity.
h. By what means can the constitution be amended?
UK has an unwritten constitution which is developed in ad hoc fashion. Constitution of UK is
flexible which means that it can change according to the nature and there is no particular
procedure for the amendment. For amending the constitution, permission of authority must be
required that is an easy and simple process.
i. What form does your legal system take?
UK legal systems are based on the common law systems that are created by judges. It is
governed by the other laws that are followed by a long time. Legal system is supported by the
law of European Union.
j. What are the main domestic sources of law?
English legal system is derived from different sources domestic as well international sources.
Domestic sources includes the:
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English common law: Common law is developed by kings to centralise the government of
English. The decision given by the judges are based on the local customs. It follows the principle
of precedent which states that judges are bound to follow the decision of court at the time of
deciding case (Diffen, 2017).
Administrative law: Administrative power is given by the legislative branch to the
administrative agency with the understanding of the business or different departments.
Administrative law is also known as regulatory agencies.
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M2
Regulation Legislation Standards
 Regulation is the
strategies for
analysing and
observing the law
that is applicable to
the parliament.
 Legislation is the laws
and standards that are
made by
administration.
Legislation cannot be
challenged and
enforced by law.
 These are targets that
are essential for
keeping a check on
enactment of
regulations.
 It is compulsory to
issue the regulations
for keeping a check
on the law.
 It is important to
establish a proper
framework of legal
system.
 It is deliberate to issue
standards (Wilson, et.
al., 2014).
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D1
In this comparison has been made between the UK and US legal systems. In US professionals
are known as litigators; lawyer etc. while in UK they are known as barristers and solicitors. US
court has jurisdiction to handles the minor civil and criminal cases while a crown court in UK
handles the serious civil and criminal cases. There is no tribunal in US while UK has a tribunal
system and has different courts (Law absolute, 2015).
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L03 & LO4 (Part 2)
P4
When one party agrees on the terms of contract they are liable under the law to fulfil the duties
of contract. If they fail any terms and conditions then there will be a breach of contract and
contract is said to be terminated. Employer has right to terminate the contract by providing the
notice to employee in a specified period. Termination must be according to the Employment
Rights Act and strand palace hotel has to follow all the norms and laws. If they did not follow
the members are terminated according to the Act.
a. Does the constitution provide for an independent judiciary?
Judicial freedom from the supervisory is achieved by different means:
 Salaries of judges are determined by the senior salaries Review Board and salaried
from the consolidated fund.
 Parliament did disclose any matter which is pending by the court , this comes under
the rule of Sub-judice.
 Judicial Appointments commission deals with the matter of judicial appointments.
b. How are members of the judiciary typically appointed?
On the recommendation of Lord Chancellor monarch appointed the judges. They form a
commission that is judicial appointments commission that recommends and selects the
candidates for appointment. The applicants must be a citizen of UK and must hold the age of
retirement of 70 years(Students’ Legal Assistance, 2018).
c. Do the courts use an adversarial, non-adversarial or another system?
UK is based on the adversial court system in which parties examine their own cases and call their
own evidence. In criminal cases, the prosecutor tries to prove the respondent is mortified and
lawyer of respondent contends for their discharge. In civil cases the plaintiff tries to verify that
the defendant has dedicated towards the breach of legal duty and respondent contends that there
was no breach.
d. Who is responsible for gathering evidence?
Evidence can be gathered in civil and criminal case. In a civil case the parties collect the
evidence in favour of themselves. Whenever the representatives of parties ask for evidence then
evidence can be presented in front of court. In a criminal case, evidence can be collected on the
shoulder of police who has arrested the suspect. When court demanded for evidence the parties
have to present before the court.
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In strand palace hotel involved in any case , then these provisions are applicable to the
organisation and they have to produce the evidence.
e. Is evidence independently examined before a trial?
In civil cases, there is no sovereign inspection of statements but courts have supremacy to limit
and classify the matters for witness. In criminal cases, statements may be independently
examined before a trial and depend on the courts (Elkouri,et. al., 2016).
f. Are trials/hearings open to the public?
In civil cases, trials are held in public; if it is in the interest of justice then hearing can be held in
private. In criminal law, the proceedings are carried in open court in which media and public can
access. The public is banded from appearing youth court proceedings but certain exclusions are
there such as Children and Young Persons Act 1933.
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P5
For the registration of company the companies act, 2006 has to be followed. For registering the
company , there are steps that must be followed . Company law and other regulations are
applicable in Strand palace hotel and they should comply with those norms and laws.
a. Are reporting restrictions typically imposed in relation to a trial?
Reporting restrictions can be imposed in relation to trial. For preventing the summary of case,
the person can apply to the council. It depends on the discretion of court whether to allow such
thing or not.
b. What is the main function of the trial and who are the main parties to it?
In matter of civil, the parties have to agree on the facts or issues before the trial. The main
function of trial is to overhear the suggestion and resolve the claim. In criminal cases, the court
of magistrate and crown court impeach the case on behalf of the crown. Respondent has their
own legal representative to protect the charges.
c. What is the main role of the judge and counsel in a trial?
Judges and counsel play an important role in court. Judge has to ensure that the court
proceedings are regulated according to the regulations whereas counsel in trial mention the facts
in favour of their client. They protect their client by providing the witness and evidence(Riley,
2017).
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M3
There is negative and positive impact of legal solutions to business problems. Positive impact is
that legal solution is that decision which is given by the court and parties are bound to follow it.
Negative impact is that it takes a long time to complete, if a problem solved in a legal manner
then it will take time and due to this it suffers loss (Company debt, 2017).
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P6
The above case deals with the dispute of companies which is under the process of arbitration
from last 5 years. By observing the facts of case, it is recommended that company has to adopt
the method of mediation rather than the arbitration. Arbitration is the process of settlement that is
solved outside the court. Mediation is interactive process in which parties are guide by the
mediator to solve their disputes (Construction Disputes, 2018).
a. To what extent are juries used?
Juries can be used in criminal and civil case, civil cases consist of a limited number of cases and
judge agrees upon the facts of case and tries to find whether the applicant has verified his case or
not. Juries are trying to settle the criminal matters in which they try to find the guilty party.
b. What restrictions exist as to the evidence that can be heard by the court?
Hearsay evidence is recognised as the restrictions. Hearsay statement is made by a person after
hearing the evidence from another party. For the purpose of cross examination, hearsay evidence
is presented before the court.
c. Which party has the burden of proof in a trial and at what standard is this burden met?
In both cases, it is necessary to prove the burden of proof. In civil cases, plaintiff is responsible
for the burden of proof. Petitioner has to produce the evidence that supports the claim . In
criminal cases, defendant is revealed as innocent unless the crime of respondent is verified by
trial(Indiana Judicial Branch, 2018).
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M4
By observing the facts of the case, it is recommended that business disputes can be resolved
through the process of mediation. In mediation, the case can be resolved in a quick manner
without suffering any loss to parties. As the process of arbitration has taken from 5 years and
they do not solve their problem. So, process of mediation is recommended for that.
 Arbitration takes a long time to settle the dispute, whereas mediation takes less time to
solve the dispute.
 Arbitration involves the high cost whereas mediation involves the loess cost and it is a
cheap process.
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D2
Legal solution means giving a solution to the parties in case of any dispute. Legal solution is
compared with the Alternate legal advice. Solution can be provided by observing and examining
the facts of the case. Solution must be provided by following the proper procedure in court.
In this case, the company ‘B’ can be asked to stop the production of goods and services and stop
the selling of goods as the goods belong to the company “A”. In this case, the court can give the
punishment to company “B” to give the profits which was earned by selling the similar products
as of company “A” ( Albright, 2012).
a. What verdicts can the court give?
Verdicts can be given in civil case and criminal case. In a civil case, the claimant pursues
assistance from the law court in the form of statement. The court has to decide the amount of
damages and how much it is given to the party. In a criminal case, there are a different number of
judgments for different counts in same case.
b. What range of penalties/relief can the court order upon a verdict?
Penalties can be provided in civil and criminal case. The civil remedies are an interim relief,
injunctions and disclosure and payments into court. In a criminal case, punishment can be in
form of prison, fines and discharge.
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Conclusion
From the above report, it has been concluded that, Law plays a significant role in English legal
system. This report describes the structure that helps to know the jurisdictions of Strand palace
hotel. Sources are explored that helps to interpret the laws through the doctrine of precedent. It
analyse the different techniques of solution which includes the conciliation, arbitration,
mediation. Different laws and legislations are analysed that provide the solution to the business
problem. It also provides the solution by the method of Alternate dispute resolution that helps to
decide the disagreement between theindividual.
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References
 Albright, M., (2012). The Advantages and Disadvantages Of ADR. Available at:
http://albrightstoddard.com/advantages-disadvantage s-ADR/. [Accessed on: 15 March
2018].
 Company debt, (2017). Common Insolvency Problems and Rescue Solutions.
Available at: https://www.companydebt.com/articles/business-rescue/insolvency-
problems-and-solutions/ [Accessed on: 15 March 2018].
 Construction Disputes, (2018). The advantages of mediation. Available at:
http://www.constructiondisputes-cdrs.com/advantages_of_mediation.htm [Accessed on:
15 March 2018].
 Diffen (2017). Common law vs. Statutory law. Available at:
https://www.diffen.com/difference/Common_Law_vs_Statutory_Law.[Accessed on: 15
March 2018].
 Elkouri, F., Elkouri, E.A., Ruben, A.M., American Bar Association and Employment
Law, (2016). How arbitration works (pp. 15-69). Bloomberg BNA.
 Genn, H., (2015). ‘Common law reasoning and institutions’. University of London
International Programmes.
 Hierarchy, (2018). United Kingdom Legal System Hierarchy. Available at:
https://www.hierarchystructure.com/united-kingdom-legal-system-hierarchy/ [Accessed
on: 15 March 2018].
 Indiana Judicial Branch, (2018). What is the difference between trial courts and appellate
courts. Available at: https://www.in.gov/judiciary/2677.htm [Accessed on: 15 March
2018].
 Law absolute, (2015). Differences between US and UK. Available at:
http://www.lawabsolute.com/recruitment-news/article/differences-between-us-and-uk-
legal-systems [Accessed on: 15 March 2018].
 Riley, P., (2017). Company and Commercial Law. Brighton School of Business and
Management.
 Students’ Legal Assistance, (2018). The Role of the Judge. Available at:
http://niu.edu/Legal/topics/courtsystem/judge.shtml [Accessed on: 15 March 2018]
 Wilson, S., Rutherford, H., Storey, T. and Wortley, N., (2014). English Legal System.
Oxford University Press.
 WIP0 (2018). What is Mediation? Available at:
http://www.wipo.int/amc/en/mediation/what-mediation.html [Accessed on: 15 March
2018].
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