English Legal System and Law

This assignment examines the intricate workings of the English legal system. It begins by outlining its historical evolution and explores the diverse sources that shape its laws, including legislation, common law, and European Union influence. The assignment further analyzes key institutions within the system, such as courts, tribunals, and legal professionals, highlighting their roles in dispensing justice. Additionally, it touches upon crucial concepts like legal precedent, statutory interpretation, and the rule of law, providing a comprehensive understanding of this fundamental aspect of English society.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English legal system and different sources of regulations.................................1
P2 The role of government in law making and the appliance of statutory and common law in
justice courts................................................................................................................................2
SECTION 2......................................................................................................................................4
P3 a) Employer legal obligations................................................................................................4
b) The employment and contract law in accordance to business scenario..................................5
SECTION 3......................................................................................................................................6
P4 Legal solution for business problems....................................................................................6
P5 Justification for given legal solutions....................................................................................7
SECTION 4......................................................................................................................................7
a) Concepts and benefits of implementing Alternative Dispute Resolution process..................7
b) Recommendation of ADR method in context to business scenario........................................8
CONCLUSION................................................................................................................................8

INTRODUCTION
Business law plays crucial role in managing stable business functions by establishing the
effective use of legal practices and guidelines. The report will evaluate the sources and structure
of English legal system. Further it will outline the legal obligation which assist in implementing
the legislation which are enforced for protecting employee right at work place. Thus, it will
outline the business cases and appropriate legal solution to those cases.
SECTION 1
P1 Structure of English legal system and different sources of regulations.
English legal system comprises criminal and civil laws. According to The legal system
states that no individual except parliament has the authority to make changes in acts, legislation,
standards. as it is formulated keeping mind constitutional and public importance. The
classification of English legal system is as follows:
Criminal laws: This is enforced by UK government to protect the interest of people
against crime like, murder, kidnap, theft, harassment etc. These cases are handled by crown
court, Court court of appeal and magistrate court.
Civil laws: ThThe legislation is chargeable on the people who are involved in misleading
of information, cheating, fraud etc. This kinds of dispute generally arises in employees and
organisation, suppliers and company etc. These cases are handled by county courts, high court
and court of appeal.
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Illustration 1: Structure of English legal system
Source: (English Legal Materials, 2016)
Apart from this, hierarchy of courts is the essential part of legal system in which the
criminalthe criminal cases are first handled by Magistrate magistrate court, then by crown court,
than then by court of Appeal appeal and finally, the cases which are of public and constitution
importance are handled by the Supreme courtCourt, otherwise majority of criminal cases end up
at court of appeal (Harner and et. al. 2014). Apparently, same is with cases of civil which are
first handled at the level of county court, then in High court and finally, at court of appeal. But in
cases some case which of constitution and public interest are handled by the supreme
courtSupreme Court. However, the decision by judges aredecision by judges is based on two
principles which are as follows:
Ratio Decendi: In this, the judge passes decision on the basis of facts which are
represented in evidence that denotes culprit and its wrong activity. Therefore, in this the decision
aredecision is based on the facts and evidence which are with judge.
Obiter Dictum: In this, the judge gojudge goes on making assumption that is
speculatione hypothesize considering all facts and evidence which are available.
Sources of law
Precedents: It is the major tool of supreme courtthe Supreme Court cases. In this, the
judges do not evaluate the whole case or scenario but in this, the judge focus on similar cases and
action of past in order to make judgement on this scenario (Schofield, 2016). This is the toll
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which assisttoll which assists the court in making appropriate solution keeping in mind public
and constitutional importance.
Acts of Parliament: It is the bill which is passed for consent and approval to both the
houses that is house of lordsHouse of Lords and House of Commons. When approved from both
the houses, the bill becomebill becomes an act which is for securing the rights of people.
Treaty: It is an agreement of international law which is formulated by international
organisations and sovereign states. It is a protocol, exchange of letters, covenant and Pact.
European law: Human rights laws are influenced by the human rights regulation of
European union but the separation of European union from UK law which is Brexit the
government is now responsible for making its own regulations regarding human rights which
caused turmoil in English legal system.
Common law: This law arises from precedent that is the past evidence and action which
assist supreme court in making present case decisions.
Statutory law: These laws are enforced by government to perform effective ruling and
functioning in country (Stemler, 2013).
The key drivers of legal system are as follows:
Barristers: This individual is type of lawyer in common law cases who has
specialisation in litigation and advocacy. Th ultimate duty of these individual is to draft legal
pleadings, researching the philosophy etc.
Solicitors: The person is member of legal system who draw wills on legal matters of
family, and business.
Judges: This the person who is responsible for conducting proceedings of court. In this
the person is sometime alone for making decision and sometimes seeks helps from panel of
judges.
P2 Role of government in law making and the appliance of statutory and common law in justice
courts.
Government is the key driver of law making process. There are three arms of government
which are as follows:
 The Executive: This government is responsible for monitoring and administering in
implementation of law enforced by legislature.
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 The Judiciary: This assist the courts in interpretation of constitution for setting disputes
which arise due to criminal and civil activities.
 The legislative: This branch is responsible for passing laws impeaching officials,
approving treaties etc.
Law making process of government comprise following step wise process:
 Analysis of problems: In this the party or leaders who are fighting for elections finds out
the major problems faced by society.
 Analysing of problems: In this the leaders ensure that the problems is of common
interest like, education health etc. (Wadham, Robinson and Ruebain, 2010) Further it is
important for both the leaders to agrees on same problems of society.
 Consulting the involved people: In this the government aims at evaluating the needs of
society in accordance to problem which helps in determining the effectiveness of
problems. After consulting the government write down the changes required in legislation
as per the problems.
 Support of cabinet minister: Problems and changes required are presented to cabinet
minister for approval. After approval the bill is sent to parliament for further consent.
 Conversion of proposal into bill: After approval and consent of parliament the bill is
formulated into legislation with the help of lawyers. Scrutinizing of Bill: The bill is considered by parliament and further presented in front
of MP's, house of lords and house common which play crucial role in providing final
consent to Act.
M1 Effectiveness of English legal system in context to recent reforms and development.
As per the changes in reforms the English legal system provides the most effective way
of making decisions. Further, it assists in provides base to judicial branch in making decision by
considering precedents (Young and Gee, 2016). Thus, the system has effective standards and
guidelines for preventing criminal and civil activities in country.
 Changing reforms and development assist the system in formulating effective decision.
 The structure act as a base of justice system of country.
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SECTION 2
P3 a) Employer legal obligations
1. Occupational health and safety: Occupation health and safety is the factor which
assistfactor which assists the business organisation in establishing stable working
conditions for employees. It is important for the firm to ensure safety working condition
for workers to prevent them from hazardous incidents and accidents (Lieberman and
et.al., 2016). Establishment of healthy and safe work place environment is the major
factor which aids in serving employees satisfaction. Further, it is mandatory for the
organisation to comply with Health Andand Safety Act 1974 which aims at protecting the
interest of workers working at hazardous locations and sites. Moreover, not complying
with regulation is a punishable offense in which the enterprise is liable to compensate or
can be imprisoned for specific period.
2. Workers Compensation: It is the compensation which is given to employee by
organisation in case of injury and accidents which occur at workplace. The Worker
Compensation Rights is the framework which aims at protecting the interest of employee
working for any organisation (Harbo, 2010). Apart from this, the government has
regulated strict compliance with Employers Liability Act 1969 in which the firm is liable
to establishing condition which are for employee importance and if not than the
enterprise is liable to compensate for the same to its workers. Further, the act provides
the systematic guidelines to company for implementing Worker worker compensation in
enterprise. Apparently, enabling the compensation to staff members assist the firm in
gaining employees’ trust and providing them work security which is beneficial in
providing their working efficiency and effectiveness.
3. Harassment: Harassment is termed as exploitation of human rights like conducting
Unethical unethical and unlawful activities which are beyond the interest of workers.
Employee harassment is generally done by discrimination which is based on colour,
caste, creed, sex, religion etc. or bondage labours where the workers are forced to work
without their interest in unusual working conditions (Groeneveld and Van de Walle,
2010). Therefore, in order to protect interest of workers the governmental enforced
various regulations like, Protection from Harassment Act 1997 and Equal Opportunity
Act 2010. The guidelines of legislation assist the firm in maintaining stability and peace
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in work environment which aids in boosting employees working efficiency. Thus,
according to Human rights act exploiting the rights and interest of staff members is
punishable offense and for this the liable person can be either imprisoned or have to
compensate for conducting unethical practices.
4. Equal Opportunities: It is the duty of management to ensure that the organisation is
providing equal growth opportunities to employee with equal working conditions. This is
the practice which assistpractice which assists the firm in establishing stable working
condition by providing equal work place environment to all individuals. Further, to
ensure equal working practices in organisation the governmental has regulated Equal
Opportunity Act 2010 to provide strict guidelines to business for enabling equal
opportunities to workers without any discrimination (Equal Opportunities, 2013). It is
the best practice which assistpractice which assists the enterprise in improving working
efficiency employee and productivity of organisational functions. Non- complying with
this Act is a punishable offense in English legal system.
b) The employment and contract law in accordance to business scenario.
As per the scenario, it has been demonstrated that, there was 16-year-old girl who was
working for small fast food enterprise. She was working near frying pan in which oil was heating
at 360 degrees. Moreover, the floor where she was working was wet and the team leader who
was responsible for monitoring workplace safe working conditions was engaged with tills instead
of monitoring workplace safety. The girl slipped on the water which was leaking from leaking
ice machine and got her hand on heating oil pan due to which she had severe injuries. In
accordance to scenario, the girl and her family is liable to sue team leader and organisation for
not maintaining workplace safety. Thus, the girl can sue them for the following offense:
Breach of contract: This states that firm is liable to comply with healthy and safety act
in which employee safety plays major role. Therefore, in accordance to this the firm is
answerable to court for not maintaining workplace safety as per the act and its guidelines which
falls under breach of contract.
Duty of care: According to TORT law, it is has been analysed that it the duty of
management to ensure that employees are provided safe and healthy working conditions. Thus,
in accordance to scenario team leader is responsible for neglecting his duty of monitoring work
place safety for which the person can be sued by girl and her family.
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Health and safety Act 1996: This act enables the healthy and safe guidelines which
assist the firm in establishing stable and safe working condition. Noncompliance with the act of
fast food restaurant is a punishable offense and for this the girl and her family can sue restaurant
in court for which the firm is liable to compensate.
M2 Potential impact of regulations, standards and legislation
Regulation are the rules which are enforced to control environment and to govern individuals for
working ethically.
Standards are norms which aims at establishing uniformity in documents practices and functions.
Legislation: Legal boundaries which are enforced by the justice system for public and
constitutional importance in country.
 Implementing standards and regulations assist the firm in maintaining stability of
business functions.
 Following set of rules and regulations assist the organisation in gaining employee trust
and providing them job security (Ridley‐Duff and Bennett, 2011).
 Non- complianceying with the legislation regulated by government is the punishable
offense for the company for which it can face lot of issues such as, cancellation of
license, workers compensation etc.
SECTION 3
P4 Legal solution for business problems
According to business scenario it has been determined that Calving is an employee at
fashion house who has been dismissed by his Boss Donna for stealing regardless of presence of
four other employees with Calvin in same room of office. However, the boss just checked petty
cash-book and without and communication and evidence dismissed Calving.
Thus, according to scenario, it can be said that is wrong activity and Calvin has right to
sue her boss Donna against Unfair Dismissal Act 1997 and Employment Right Act 1996. The
guidelines of these acts aim at protecting the interest of employees.
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According to insurance scenario, it has been determined that Dan has a convenience store
which got destroyed with fire. Dan again opened new store and applied for fire insurance.
Instead of recalling years he just filled details in which the terms and condition are clear the
person can only claim fire insurance if the last fire insurance claimed is before 2 years. The new
store of Dan got damaged against due to fire and when he claimed for insurance he realized that
the last claimed insurance is before 23 months due to the insurance firm claim goes null.
Thus, in this scenario Dan is in fault as he neglected the terms and conditions. In this
scenario no party is liable to sue each other the decision will go null and void. Further, in this
Calvin can case against insurance company for misrepresentation.
and misleading of information which is considered under fraud cheating and wrong
interpretation of information. Types of misinterpretation
Fraud
Cheating
Wrong interpretation of information
Misleading from information
P5 Justification for given legal solutions
In accordance to fashion house scenario it has been demonstrated that Donna dismissed
Calving without any communication and evidence due to which she is in fault which is Unfair
Dismissal and against employment rights. Therefore, in accordance to situation is wrong
dismissal for which Donna is liable to compensate to Calvin against employment rights act 1996
which aims at protecting interest of employees against unfair and wrongful dismissal.
Types of Dismissal
1. Wrong dismissial: Breach of comntract
2. Unfail Dismissal
3. Constructive Dismissal.
In accordance to fire insurance claim both the parties are equally responsible for
negligence and this is the reason that no one has the right to sue each other because the decision
and case will be null and void. In this Dan and Kelvin can sue insurance company under
misrepresentation act 1967 which aims at protect interest of people against fraud, cheating and
misleads of information.
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M3 Positive and negative impact of legal solution
 Legal solution like Unfair Dismissal act in case of Donna and Calvin assisted the calving
in standing for right and fighting for his interest.
 In case of fire insurance, no party is partially responsible therefore legal solution cannot
assist the parties for securing interests.
 The regulation like employment rights act 1996 - unfair and wrongful dismissal are
enacted by government to protect the interest of employee when working with
organisation.
 The legal solution assist in providing stability and security of working and living.
SECTION 4
a) Concepts and benefits of implementing Alternative Dispute Resolution process.
Alternative Dispute Resolution Resolution (ADR) process assistprocess assists the
conflicting parties in resolving their issues out of the court without involving in serious legal
boundaries and agreements. This concept isf followed by majority of people as it assists the
clients in resolving issues on time onand with one common interests (Feliciano, 2017). Further, it
is termed as time saving process of resolving cases because there are a million civil and criminal
cases pending in court therefore adding more will be burden and there is assureity of time. This
is the best dispute resolution method ion in which the parties solve problems out of the court
without harming each other’s image. The concept offers various types of method to resolve issue
according to comfort of two parties which are as follows:
Mediation: In this ADR method, the parties resolve issue on mutual understanding. In
this the interest and benefits of both the parties are considered by third party. Further, in this the
person focuses on analysing pros and cons of the situation and conflicts which assist the person
in making effective and reliable result (Fisher, 2017). In this, the third party ensures that the
solution is not biased and both parties are agreed on same note. Thus, in this the person makes
agreement of solution on which both parties sign in order to avoid future conflicts.
Arbitration: This concept of resolving dispute offers two methods of solving dispute that
is Judicial and private arbitration. In private arbitration, the parties do not get involved in legal
proceedings and agreements instead the conflicting parties resolve their issue with the help of
third party on one common consent. Apparently, in judicial arbitration the conflicting clients get
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involved in legal formalities and preceding to resolve issue but in this process also the conflicts
is resolved outside of court but with compliance of legal ethics and standards.
Ombudsman: The person is judge, that is the third party who themselves addresses and
investigate the issue of conflicting parties to derive result of common interest.
Negotiation: In this, the issue of two conflicting parties is resolved by making them
agree on one common interest (Loafman and Altman, 2014). This is done outside of court
without involvement of any legal formalities. Further, in this the third party who is judge in
scenario is also chosen by conflicting client with common consent. It is most effective and time
managing process of resolving issue.
Conciliation: This method is used by conflicting clients when the parties don not want to
spoil relationship and want to make reliable and accurate results in order to carry future
relationship. In this resolution process there is win lose situation but is in interest of both parties.
b) Recommendation of ADR method in context to business scenario.
As per the scenario, there are two partners one is Tyrell who is owner of computer
software company and other is Antwon who is owner of big investment organisation. The
problems started when employees of investment firm made wrong market prediction which
impacted profits and reputation of business. This situation led to conflict between two business
partners and both that is Antwon and Tyrell did not want to end their partnership as their
combination is profitable business. Therefore, according to scenario it can be recommended that
theythat they can make use of conciliation dispute resolution method in which the third party will
assist them in resolving their conflict outside of the court. In this process, the party will suggest
win lose solution but for the sake of their business partnership and keeping in all the pros and
cons of the conflict situation. Apart from this, the partners can even resolve their issue with the
help of negotiation as it provides results with common consent and which is of common interest.
M4 Comparison between effectiveness of two different ADR recommendations
Negotiation and conciliation methods of Alternative Dispute Resolution process are
effective according to the scenario of conflicting situation between two parties.s Like,
negotiation is effective as it helps the party in enabling win- win situation with common interest
whereas Conciliation conciliation provided win lose situation but with common interests
(Reuben, 2014). Implementing negotiation will assist the conflictingthe conflicting parties in
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resolving issue with common interest whereas conciliation process will assist in deriving
accurate and reliable solution which will aid in enhancing future relationship.
CONCLUSION
The report summarized the importance of business law by analysing different case
scenarios and legal solution to them like, equal opportunities Act, Unfair Dismissal, Alternate
dispute resolution etc. Further, the report outlined hierarchical structure of English legal system
and its different sources like treaties, common law, international law etc. Hence, the report
concluded by analysing Alternative dispute resolution process which assist the conflicting parties
in resolving issues without involving into legal proceedings.
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REFERENCES
Books and journals
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Fisher, T., 2017. Law and Economics of Alternative Dispute Resolution. The Oxford Handbook
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Groeneveld, S. and Van de Walle, S., 2010. A contingency approach to representative
bureaucracy: Power, equal opportunities and diversity. International Review of
Administrative Sciences. 76(2). pp.239-258.
Harbo, T.I., 2010. The function of the proportionality principle in EU law. European Law
Journal. 16(2). pp.158-185.
Harner, and et. al. 2014. Deal Deconstructions, Case Studies, and Case Simulations: Toward
Practice Readiness with New Pedagogies in Teaching Business and Transactional Law.
Lieberman, J. and et.al., 2016. Business law and the legal environment.
Loafman, L. and Altman, B. W., 2014. Going online: Building your business law course using
the Quality Matters Rubric. Journal of Legal Studies Education. 31(1). pp.21-54.
Reuben, R.C., 2014. Constitutional gravity: a unitary theory of alternative dispute resolution and
public civil justice. Ucla L. Rev.. 47.p.949.
Ridley‐Duff, R. and Bennett, A., 2011. Towards mediation: Developing a theoretical framework
to understand alternative dispute resolution. Industrial Relations Journal. 42(2).
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Schofield, K., 2016, January. Preventing Opioid Overuse in Workers’ Compensation. In ASSE
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Stemler, A. R., 2013. The JOBS Act and crowdfunding: Harnessing the power—and money—of
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Wadham, J., Robinson, A. and Ruebain, D., 2010. Blackstone's guide to the Equality Act 2010.
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Young, A. and Gee, G., 2016. Regaining Sovereignty, Brexit, the UK Parliament and the
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Online
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Equal Opportunities. 2013. [ONLINE]. Available through <http://www.stcatz.ox.ac.uk/equal-
opportunities/equal-opportunities-equality-legislation>.
English Legal Materials. 2016. [ONLINE]. Available through:
<http://law.wisc.libguides.com/c.php?g=204332&p=3205486>.
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