Business Law: Understanding the English Legal System and its Impact on Marriott Hotel

This report delves into the intricacies of the English legal system, examining its structure, sources of law, and hierarchy of courts. It explores the impact of recent reforms and developments on business organizations, particularly focusing on Marriott Hotel. The report analyzes how Marriott Hotel complies with constitutional provisions, company law, contract law, and employment law. It also discusses the role of judicial independence, the adversarial legal system, and the processes involved in civil and criminal cases. Furthermore, the report examines alternative dispute resolution methods like arbitration and mediation, highlighting their effectiveness in resolving business disputes.

Business law

Contents
Introduction......................................................................................................................................4
Part 1................................................................................................................................................5
LO1 & LO2......................................................................................................................................5
P1.....................................................................................................................................................5
P2.....................................................................................................................................................6
M1....................................................................................................................................................7
P3:....................................................................................................................................................8
M2..................................................................................................................................................10
D1..................................................................................................................................................11
Part 2..............................................................................................................................................12
LO3 & LO4....................................................................................................................................12
P4)..................................................................................................................................................12
P5...................................................................................................................................................14
M3..................................................................................................................................................15
P6...................................................................................................................................................16
M4..................................................................................................................................................17
D2..................................................................................................................................................18

Conclusion.....................................................................................................................................19
References......................................................................................................................................20

Introduction
This report gives the clear description of the English legal system and its structure and sources of
law. The hierarchy of the court is defined that is controlled by the highest authority of the
system. The recent reforms and developments take place in the country are also described as are
followed by business organizations of the country. In whole report, provisions are explained on
the basis of Marriott hotel. The norms and laws of the country are followed by the hotel in its
business operations and functioning activities. The laws are explained by considering the matter
of civil as well as criminal cases. The arbitration and mediation are also explained as the
alternative legal dispute method recommended by the parties.

Part 1
LO1 & LO2
P1:
Constitutions distribute, organize and regulate state power. Marriott hotel complies the unwritten
constitution which has no single written document that laid out the individual rights of citizens.
There is a number of sources in the constitution like written and unwritten.
a. The country has a governance of parliamentary in which Westminster Parliament is the
supreme body of law. Monarch is the head of the state whose role is ceremonial. The
parliament is divided into two different houses. House of Lords and House of Commons.
b. There are no powers in formal separation in the constitution of UK. The bodies and
persons are identified that makes up state branches are:
 Monarch, government ministers, Prime minister made up the executive branch.
 House of Commons and House of Lords made up the legislative branch.
 The judicial branch is framed by the monarch, qualified magistrates and judges.
(Hierarchy, 2018) .
c. The process is needed to be applied in the law formulation. The two kinds of the bill are
placed like private bill and the public bill before parliament.
 Private bills: These are non - government bills which are introduced by non-
ministerial members. The matters are related to the local interest, corporate and
individual affairs.
 Public bills: The bill is majorly concerned about the changes in law making.
(Hierarchy, 2018).
d. There are certain grounds in which judiciary can review the matters of irrationality,
illegality, legitimate, procedural impropriety and unreasonableness (Partington, 2016).

P2
a. The country has several international law obligations and a number of international
conventions and treaties. These are defined in written form where the participants are
bound by the certain procedures and terminologies. The government of country accepts
the obligations of treaties but there is no effect on the supremacy of parliament.
b. In the hierarchy structure, Supreme Court is the highest authority that is the decision is
binding on other lower courts of the country. The hierarchy of the English court system is
described in below:
 Supreme court
 Court of appeal
 The high court
 The county court
 The family court
 The crown court
 Magistrate court.
e. In the English law system, judges are bound by precedent along with authority of
interpretation. The decisions given by higher court are applied in a lower court in the case
when facts and nature are same. Decisions are overruled when the higher court does not
provide a correct decision (Partington, 2016).
c. There are several numbers of specialist courts like coroners courts which investigate the
matter of violent, sudden and unnatural deaths. The urgent cases are solved in this court.
The cases which required urgent formulation are to be investigated in such court (Wilson,
et. al., 2014).
d. The quasi legal authorities support the Marriott hotel in solving the cases of dispute.
Ombudsman and tribunals are some legal authorities. Tribunals are special and
independent part of the system in the justice of Wales and England. Qualified
Ombudsman is appointed to solve the complaints raised in Marriott hotel (Wilson, et. al.,
2014).

M1.
There are many developments and reforms takes place in the country from last few years. The
new Acts were established in the country like Equality Act, information technology act, cyber
security Act, Environmental protection Act made a good impact on business organizations as
well as Marriott hotel. The legal system provides certain concession in court fees for many
people by which common public can easily access the facility pf court. The Acts like cyber
security gives protection of security and safety to business organizations and other individual
people of the country. The digital technology made the litigation process very effective and easy
for court and concerned parties to solve the case in minimum time (Company debt, 2017).

P3:
Company law: As per the companies Act 2006, the company is the basic legal vehicle to set and
organize to run the business. The UK was the first country to frame the modern statutes of the
corporation. Board of directors plays an important role in functioning the business of Marriott
Hotel.
Contract law: In regular business activities contract law is mostly used by people by giving the
offer and acceptance. A contact is formed between one or more parties to discharge the contract.
In the case when any party breaches the contract he is liable to give the damages to another one.
Employment law: As per the employment rights Act 1996, which provides the relationship
between employees and employers. It regulates that expectation of employers from workers,
their rights and powers at work (The judicial office international team, 2016).
e. Yes, there are certain emergency powers given to the executive which are described in
the Civil contingencies Act 2004 and are divided into two kinds:
 Emergency power: in this part only emergency powers deal with and certain steps are
followed to solve such emergency.
 Local arrangements: certain local arrangements are taken to protect the safety of local
level civilians
f. Human rights are not completely protected by the constitution due to before the
enactment of human rights Act 1998; common people are not to be allowed to make the
complaint as per the violation. But after the enactment people are liable to make a
compliant. Some rights are protected by ECHR are not proper which means to exercise
the law is limited in given circumstances like:
 Article 8 ( the right to respect of family and private life)
 Article 9 (freedom of conscience, religion and thought)

 Article 10 (freedom of expression)
 Article 11 (freedom of association and assembly)
g. The constitution is amended when certain changes are required to be implemented by the
permission of authorities. This is not the complicated but somehow lengthy process due
to permission from higher authorities’ takes time to decide. The constitution is the
unwritten form it has growth over time in ad hoc basis.
h. Wales and England have a common legal system that is established on the basis of earlier
cases and law framed by judges. This is originated in the reign of King Henry II at the
time when several customary cases were replaced in new laws and followed by all public
of the country. Due to the result of EU legislation, certain modern laws are followed in
the whole country (Partington, 2015).
i. Acts lay down by Parliament and case laws are considered as the domestic sources of
law. The country has an unwritten constitution and there are several important elements
re found which are enacted by the parliament.
 European Communities Act 1972: This incorporated the EU legal system of the country
into domestic law.
 Human rights act 1998: This established the ECHR into domestic law and give rights to
citizens to demonstration and hole the meetings in public places.
j. Constitutional reform Act 2005: This reformed the Lord Chancellor office by shifting his
powers as judiciary head to chief justice. It also formed the Supreme Court and a new
judicial Appointment committee (Partington, 2015).

M2.
Legislations: These are norms and laws which are enacted and framed by the legislature of the
country. The Marriott hotel has to follow all legislations of the country in its functioning and
business operations for better growth and improvement. Laws framed by legislations are not be
questioned in anyway. These laws are applicable in the whole country and every business units
of the particular country. For the best implementation of the legal system, these are required to
be supported by the legislations and rules (Deloitte. 2017).
Regulations: These are regulatory guidelines that are established for controlling, examining and
monitoring the law framed by the legislature. For the better implementation of law, these are
regulated by standards and rules of the Government.
Standards: These are the benchmarks which are framed by the higher authorities to scrutinize
the regulations functioning. It is important to develop several required standards related to the
specific law.

D1.
The legal system of the United Kingdom is compared with the legal system of United States. The
case laws and common laws are the basis of UK system on the other hand legal system of the US
is a critical organization of state and federal governmental divisions. In order to get the
knowledge of the legal system of the US, there is a requirement to know about the rules, laws
and regulations of the country. The constitution of the country is the highest law in the world.
The hierarchy structure of the UK has described in a definite form in which Supreme Court has
the highest authority which decision is binding on other lower court of the country.

Part 2
LO3 & LO4
P4).
There are various provisions regarding termination of the contract of an employee. As per the
provisions of the Employment Rights Act, 1996, it is essential for an employer to follow the
norms specified under this act. An employee can be terminated by the employer when such
employee is unable to meet the standards required for the service. The grounds of termination are
also specified in this act. It is an obligation on the employer that a notice must be served to the
employee specifying the reason for removal before the specified time (Legislation.gov.uk, 2018).
It is significant for the organisation to manage the available resources properly. This will keep a
control over the expenses of the company. It is recommended that a budget is prepared for every
operation as this will prevent the organisation from insolvency and liquidation.
a).
Judicial Independence and separate powers are provided by the constitution of the UK. This
independence is provided by the Constitutional Reform Act 2005 as no there is no involvement
in the judicial decision. The points given below will help in providing a clear insight:
 Judges are appointed by a commission, named judicial appointment commission which is
not affected by the political aspects of the nation.
 Senior Salaries Review Board calculates and fixes the salary which is paid out of the
consolidated funds.
 Parliament doesn’t have the authority to interfere in the pending case of any court in
accordance with the theory of sub-judice.
b).

Judges are appointed by the Monarch on the suggestion of Lord Chancellor whereas a committee
named the local advisory committee appoints the Justice of peace. However, the candidates for
appointment at the post of the judges are short-listed by a commission of Judiciary appointment.
c).The legal system of the UK is an adversarial legal system. Under the adversarial system, both
the parties are represented by different advocates to represent their case before the judges or
juries for resolving the dispute between them or coming to an outcome. These advocates
represent the case with the help of facts and supporting evidence which is to be produced before
the court. The interpretation of the law is done by the judges and the evidence is considered by
the juries to decide the innocence or the guiltiness of the parties.
d). Civil Cases: Under these cases, the evidence is gathered by the parties itself by acting on the
information provided by the representatives. It is to be produced before the court by the parties
or their legal representative.
Criminal Cases: Whereas in these cases, evidence is gathered by the police and they have the
authority to arrest and question the suspects. It is the duty of the police to produce the evidence
in front of the court (Thomason, 2018).
e. In the UK, there is no examination of the evidence before the commencement of the trial under
civil cases. The parties under these cases are required to file written a statement to the court
about the evidence However, this is not as such under the criminal cases, an examination of the
evidence can be done if it is required by the court. The authenticity of the evidence must be
checked as per the guidelines provided under Code of Crown Prosecutors.
f. There are no restrictions on conducting the trial/ hearings in public under both criminal and
civil cases. However, it depends upon the requirement of the court and it can order to conduct
whole or part of the proceeding confidentially. An application is required to be made by the
parties at least 5 days before the commencement of the proceedings (Parisi, 2017).

P5.
At the time of incorporation of the company, it is essential to follow the provisions of company
law of the country. there is number for basic things are to be complied with at the time of
incorporation like capital structure, shareholders, the correlation between performance and
payment, liquidated and rescuing damages. The capital is raised by issuing new shares by the
Marriott hotel. The organization management ensures that certain norms and laws of the country
are to be complying with the Marriott hotel. Insolvency and liquidation can be rescued by the
proper budget making of all business operations of the Hotel.
a. Civil and criminal laws are followed by the Hotel at the time of any, particularly related
disputes. In general sense, there is no particular reporting restriction whether before to
after and during the trial. In criminal law, the administration is done in public because
media and public have the right to attend the meetings of court hearings. A person can
apply to court or council so case summary can be prevented from being published. The
final and last decision is given by the court.
b. The main functions of the court are to hear the arguments and by considering the related
evidence of the case. After that court pronounced the decision on the basis of such
evidence. Parties give the reasons at the time of case proceedings of such accusations
made to each other. In civil cases, the main role played by the Judge in trial cases by
hearing the arguments and evidence of the parties. In criminal cases, crown plays the
most important role to prove the case by certain evidence and facts.
c. In civil cases, judge provides that all parties are equal rights to present their case gives
full opportunity to make it successful. Judges ask the questions on the point of laws and
facts on the particular case. In criminal cases, judges decide the evidence whether it is
admissible or not. At the time when defense and prosecutor presented their argument and
their lawyer's summaries the facts and give arguments for the support of the case.

M3.
The legal solutions provided by courts of the country have made both positive and negative
impact to business problems. Legal solutions provide best judgment to every business related
problem of Marriot Hotel and other organizations. Best judgments can be given by court by
examining the all related facts of the case. The decision passed by the legal authority is required
to be followed by concerned parties of the case. On the other hand, the negative impact of the
legal solutions is that it tales too much time to solve the case so business operations and
functions of the Hotel may affect at large. The legal solutions are more expensive than other
normal proceedings so high fees are charged by advocates and legal practitioners (Singer, 2018).

P6.
In the given case scenario, which discussed the matter of two companies related to the
adjudication process from 5 years? It is considered that company can use the arbitration and
mediation process. In the arbitration process, neutral party is appointed to solve the case outside
the legal court system. Mediation is the interactive process in which neutral party supports both
parties to solve the case.
a. Juries consider the matter in criminal as well as civil cases. Judges advise the jury
on the matter of law and to decide the person as innocent or guilty. Civil cases are
basically heard at first by an individual judge.
b. Hearsay evidence is the restriction. The statement is framed by the court, which
helps to finalize the matter whether is true or not. The siuch evidence is given
before court for cross examination.
c. The party has the right to give burden of proof in both criminal and civil cases. in
criminal cases, the dense party is considered as fair unless the crime is verified in
trail proceedings. On the other hand in civil cases, the burden of proof is made on
the plaintiff (LOC.GOV, 2016).

M4.
It is concluded that to solve the given case mediation is the best effective method. It will solve
the matter in minimum time without any money loss to the parties because the process of
adjudication has taken the time of 5 years so this is the best method. Mediation solves the matter
in minimum time than arbitration. Mediation requires less money and less time investment that is
beneficial for all parties. The mediation is effective in case parties want to maintain the relation
in future (Findlaw, 2018).

D2.
a. In civil cases, the claimant seeks relief from the legal court in the declaration form in case
defendant has breached the duty. In criminal cases, the verdict can be guilty or not guilty.
b. In civil cases, the court has right to give the interim relief, freezing injunctions, interim
injunctions, search orders etc. in criminal cases, there are four types of punishments are
made by the court like a prison, fines, community sentences and discharges (LOC.GOV,
2016).
d.

Conclusion
It is concluded from the whole assignment that in the hierarchical structure of the court Supreme
Court is the top most authority. Its decision is binding on other lower courts of the country.
Legislations, standards and regulations of the country are must be followed by all business
organizations. The reforms and developments take place in the country like cyber security,
information technology made a great impact on safety and security of organizations. The process
or arbitration and mediation are considered as the best effective method in alternative dispute
resolution process.

References
 British Columbia International Commercial Arbitration Centre. (2018). Difference
between Arbitration and Mediation. Available at: http://bcicac.com/about/what-is-
mediationarbitration/difference-between-arbitration-and-mediation/ [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].
 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].
 Deloitte. (2017). Company Law. Available at:
https://www.iasplus.com/en-gb/resources/other-regulatory/company-law [Accessed on 15
March 2018]
 Findlaw, 2018.What is Mediation? Available at: http://adr.findlaw.com/mediation/what-
is-mediation-.html [Accessed on 15 March 2018].
 Hierarchy, (2018). United Kingdom Legal System Hierarchy. Available at:
https://www.hierarchystructure.com/united-kingdom-legal-system-hierarchy/ [Accessed
on: 15 March 2018].
 Partington, M., (2015). Transforming the English Legal System: Recent changes and
future prospects, Martin Partington: Spotlight on the Justice System. Available at:
https://martinpartington.com/transforming-the-english-legal-system-recent-changes-and-
future-prospects/ . [Accessed on: 15 March 2018]
 Partington, M., (2016). Introduction to the English legal system 2016-2017. Oxford
University Press.
 The judicial office international team, 2016. The Judicial System of England and Wales:
A Visitor’s Guide. Available at:
https://www.judiciary.gov.uk/wp-content/uploads/2016/05/international-visitors-guide-
10a.pdf . [Accessed on: 15 March 2018]

 Wilson, S., Rutherford, H., Storey, T. and Wortley, N., (2014). English Legal System.
Oxford University Press.
 Singer, L., (2018). Settling disputes: Conflict resolution in business, families, and the
legal system. Routledge.
 LOC.GOV, (2016). Legal Research Guide: China. Available at:
https://www.loc.gov/law/help/legal-research-guide/china.php. [Accessed on: 15 March
2018]
 Legislation.gov.uk, (2018). Employment Rights Act, 1996. Available at:
https://www.legislation.gov.uk/ukpga/1996/18/contents. [Accessed on: 15 March, 2018].
 Parisi, F. ed., (2017). Public Law and Legal Institutions (Vol. 3). Oxford University
Press.
 Thomason, M., (2018). Book Review: Defendant Participation in the Criminal Process.