Understanding the English Legal System

This article provides an overview of the English Legal System, including its structure, sources of law, and major legal principles. It discusses the case of Young v Bristol Aeroplane Co Ltd 1944 and the doctrine of stare decisis. The article also explores the policy development and judicial structure affecting the evolution of law in the UK.

ENGLISH LEGAL SYSTEM

Table of Contents
Table of Contents.............................................................................................................................2
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Summary of case Young v Bristol Aeroplane Co Ltd 1944.......................................................3
Doctrine of stare Decisis.............................................................................................................4
Structure of English legal system and sources of law.................................................................5
Policy development and judicial structure affecting the evolution of law..................................6
Understanding major legal principles underpinning the English Legal System.........................7
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
English law is a type of common legal system which is applicable over England and
Wales which each and every company need to adapt in order to follow for better working1. For
the business it is very important for the companies to follow all the major laws applicable in
country. The present report will outline the case of Young v Bristol Aeroplane Co Ltd 1944. The
current report will highlight the summary of case the linking it with the doctrine of stare decisis.
MAIN BODY
Summary of case Young v Bristol Aeroplane Co Ltd 1944
The plaintiff was employed at the defendant workshop and was injured in an accident
arising out of their employment. The defendant also received compensation as per the Workmen
Compensation Act and also got the damages with respect to the damages caused by the accident.
the defendant was alleged in breach of statutory duty and had failed in providing fencing to one
of the machine which he was using in against of this the defendant pleaded that “in further
alternative the plaintiff before the commencement of their action and they must have assured that
how they have used the machine and this has claimed for the compensation and received it as per
the Workmen’s compensation act. On the other side the plaintiff was barred from the recovering
of the damages with respect to the accident.
Under this case the court of appeal was to follow the previous such case and use the
verdict of that case2. This is assistive for the company and the court to have clear cut decision.
This is particularly because of the reason that both the court and company knows that what
happened in such type of case held earlier. Thus, both the parties as well know in advance that
what might be the verdict if they know that what are the repercussions of the similar type of case
held in previous. Hence, the court of appeal is bounded to follow their own decision and has to
coordinate with the past jurisdiction in the same position as done in previous similar type of case.
1 Partington, Martin. Introduction to the English Legal System 2019-2020. Oxford University
Press, USA, 2019
2 Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944. [Online]. Available through: <
https://swarb.co.uk/young-v-the-bristol-aeroplane-co-ltd-ca-28-jul-1944/#:~:text=The
%20claimant%20was%20injured%20and,follow%20its%20own%20previous
%20decisions.>

Other than this there are only two major conflicting expectations to the rule of following
the similar case for the jurisdiction or justice of the present case and these are as follows-
The first is that court is bound and entitled to decide that which of the decision out of the two
options present with the judge has to be followed.
Another major exception is that court is bound to deny or refuse to follow their own
decision which they have taken in previous case though not expressly overruled3.
Further in addition to this the court is also not bound to follow the decision of their own if
they are not satisfied with the decision as compared to the present case and the earlier case.
Doctrine of stare Decisis
The Doctrine of stare decisis can be understood to be widely essential aspect which
makes the decisions of courts, usually at higher forums which are binding among the subordinate
courts in which there is similar identical question of law raised within functional parameters.
Application of doctrine has been widely analysed to be one of the widest parameter within
uniformity and certainty aspects within law, where it enables effective decisions to be taken
among cases and also application which determines new effective parameters to be effectively
attained. The advantage of stare decis is widely focused on enabling new certain growth
avenues, where uncertainty associated within making decisions for gaining informative aspects.
The law has made new stable scenarios of efficacy aspects, where judges officially focus on
gaining extreme valuable legal system paradigms which profoundly brings on target correct
decisions. Stare Decisis means courts look to past and similar cases where court has high integral
role to play and take decisions based on varied paradigms which is legal principle within court
decision aspect. It can be also analysed that legally there is wide focus on keeping rule
efficiency, where Doctrine of stare Decisis has been widely keeping it awakening focus on
relatable parameters for technical efficiency and also to yield high legal new goals4.
Young and Bristole case within English law has been keenly progressing towards varied
determinants on keen arenas, where the doctrine brings forward new scenarios of law efficacy.
The Doctrine of stare Decisis brings forward varied domains of new paradigms within new quest
horizons where small courts look on aspects from various parts of clients where domains of
3 Elliott, Catherine, and Frances Quinn. English Legal System 2016/2017. Pearson Education,
2016.
4 Huxley-Binns, and et.al. Unlocking the English legal system. Taylor & Francis, 2017.

specialised scenarios are kept under focus. It can be also analysed that there is new goal efficacy
analysed among new quest aspects where judge makes high aspect of overruled efficacy. Stare
Decisis rule courts are obligated to uphold their previous ruling or the rulings within court
systems where the ruling made by higher courts. The doctrine also brings forward new metrics of
law advancement within cases under law, where it makes cases also widely implicated based on
keen scenarios and also to promote equal functional growth widely for keeping up with ne
determinants of stronger wisdom5.
The UK legal system widely is being progressive towards Doctrine of stare Decisis where
it has been actively focusing to bring on keen growth paradigms and also to promote high
quantity quest goals which also promotes stronger wisdom oriented decision along with new
focus on claimed decision to be prominent onto up scaled working decisions. There is also wider
technical keen growth towards overseeing case with similar circumstances, to yield larger
judgments based on priority arenas of English legal system. Young and Bristole case within the
law of Stare Decisis operates widely on varied goals efficacy which oversees efficiencies to
leverage focus on new arenas. For judgments based on functional innovation and also to keep up
concepts at stated paradigms law speaks varied scope of best legal decisions (Alfouzan,2020).
Structure of English legal system and sources of law
The structure of English legal system is very clear and easy to understand and this is as
follows-
With the present structure it is very much clear that the supreme court of UK includes the
two main courts that are criminal and the civil. Under the criminal court all the cases related to
any crime like murder, extortion or any other activity involving the crime are undertaken. While
on the other side the civil court is the one which involves the cases other than the criminal
activities are held6. These cases can be like the family cases, divorce cases and other related
cases. Further in addition to this both the court that is civil and criminal involves the court of
appeal in which the person appeals within the court in order to get justice and with help of this
the court try to understand the case of person. Further under the criminal cases comes the crown
court and on the other side in the civil case comes the high court of justice. Both these court are
5 Murphy, Ryan, and Frances Burton. English Legal System. Routledge, 2020.
6 Burton, Frances, and Ryan Murphy. "English Legal System." (2020).

assistive in getting the justice. Thereafter in the end the criminal case involves the magistrate’s
court and the civil cases involve the county court for getting the justice.
Sources of law- this is also one of the major important decision which the company need to take
in order to get the justice. This is particularly because of the reason that there are many different
types of sources from which law can be generated and these are as follows-
Common law- this is a source of law in which the justice is being provided from the past
cases which have been solved. Under this the judge keep the past similar cases as the base and
provides the same verdict in case the situation is same as compared to previous case.
Customs- this is another major type of source of law which is applicable and prepared in
the ancient time. These are the rules and laws which the ancient people are using and are being
followed in the same manner and applied in the exact same manner as the king and other ruling
party were using it in ancient time.
European law- this is another major important source of law in which the major focus is
on providing the European community and provides guidance to the companies under these
communities7. This source of law is in action since 1973 and has assisted many member
countries in providing justice to the member countries and companies.
Out of all these in the case of Young v Bristol Aeroplane Co Ltd 1944 the use of common
law or the case law has been undertaken. The major reason underlying this fact is that this
provides guidance to the company that how they have to deal with this situation.
Policy development and judicial structure affecting the evolution of law
For the legal system in UK there are three separate legal systems applicable that is one
for England and Wales, another for Northern Ireland and last for Scotland. For the legal system
in UK there is an unwritten constitution within which there is no single written document which
provides all the rights of an individual citizen and how the government of the country must work
and act in any provided situation8. Under the UK constitution there are a wide range of sources
such as customs, convention, statues and many other sources from which the law can be
7 Thomas, Mark, and Claire McGourlay. English Legal System Concentrate: Law Revision and
Study Guide. Oxford University Press, 2020.
8 Goldstone, Barrie. "The Barrie guide to the English legal system and legal method 2020."
(2020).

generated. For the development and evolution of the law the government of the country has a
major role in it.
For the development of the law first the idea of the law is being drafted in the form of the
bill and is presented to the parliament for its analysis. This is called the first reading of the bill
and here the member of the parliament analyses the bill and if members find it appropriate then
this is present for second reading in house of lords and house of common. Further the analysis of
the bill is done in both the houses and if this gets the approval on the bill then in the end it is
presented to the monarch for the final assent over the bill. Thus, if the bill gets the royal assent
by the monarch then this bill will be converted into a law which every company or the person has
to follow in any of the condition.
Thus, it can be seen that the government of the country has a major role in the
development and policy development and this has to be followed by every person to a great
extent. In addition to this the government is a party who knows that what are the areas in which
country need development and how these developments can be provided to the country. Thus,
the government of the country plays an important role in the development and the evolution of
the law within the legal system of the company9.
Understanding major legal principles underpinning the English Legal System
The legal system is a combination of different types of legal principles and all these
principles on a combined basis makes the whole legal system. Thus, for this is the very essential
for the government and the country to make a list of all the legal principles and how these are
used and applied in business context must be used and listed. The major legal principles
combining in the English legal system are as follows-
Primary sources of law- this is a legal principle which involves the use of legislation and
the different case laws for the providing of justice under the English legal system. Under this
method the company or the judge makes the use of the old legislation and the previous cases and
this assist them in providing verdict of the case which is being running in the present.
Secondary sources of law- This is another major legal principle which underlies in the
use of English legal system all over UK10. The secondary sources of law involve the use of
9 Partington, Martin. Introduction to the English Legal System. Oxford University Press, 2017.
10 Sachdeva, Vikram, Victoria Butler-Cole, and Annabel Lee. "The English Legal System." A
Medic's Guide to Essential Legal Matters (2018): 1.

different types of commentaries and textbooks relating to laws and by the different legal writers,
along with the opinions of the different experts in the fields of law and by referring to the
decision of the jurisdiction and the courts. Here the court is not bound to follow the principles
which are mentioned but they can refer to these and take a new verdict relating to the present
case.
Common law and statue- This is another major legal principle which is being undertaken
in the English legal system which need to be followed. Under this the law is declared by the
judges who are being derived from the ancient law or the precedents. this method was originally
coming from the legal reforms of the King Henry II around in 12th century and was named
common as it was applicable to whole of the area in the same manner. There is a doctrine named
the doctrine of Stare Decisis which states that this doctrine is binding precedent which court need
to follow and apply this principle. Under this principle the court can use the verdict of the
previous case which has been solved or which is being mentioned in the previous case. But the
only thing essential for this is that both the cases need to be similar and same in every aspect.
Thus, if the case will be similar then only the court can use the verdict of the last case. Thus, this
principle or the doctrine is very helpful for the court as this provides a basis for the court in
solving the case in proper and effective manner11.
Common law and equity- this is another major type of principle which is being
undertaken at time of making the legal system of UK. This is a principle which states that there
must be equality or equity in the eyes of law. This is particularly followed as every person is
equal in front of law and is nay crime is done by any type of person then the same treatment r
verdict is being provided to the person irrespective of their status, income or occupation. This
concept of equity is being developed as a separate type of system in which the major focus is
over the discretionary remedies which are being undertaken by the chancellor and their major
work is to provide for justice in all the areas and remove the injustice from among the people12.
11 Baran, Kazimierz. "The Concept of Treason in the English Legal System between the Middle
Ages and the Reign of the Tudors." Díké-A Márkus Dezső Összehasonlító Jogtörténeti
Kutatócsoport folyóirata 4, no. 1 (2020): 17-23.
12 Thomas, Mark, and Claire McGourlay. English Legal System Concentrate. Oxford University
Press, 2017.

Civil law- this is another major type of principle which underlies the making of the
English legal system to a great extent. The major reason for this is that the civil law can be
defined as three different alternate and this depends on the different situations. The major
definition of the civil law is the civil law in opposition to the criminal law. This meaning
depends in a situation where the criminal case is relating or secular rather than the religious one.
Another form of civil law is in sense of the secular law which is opposed to the ecclesiastical or
any other form of the religious law. Further in the end the last type of legal system is based on
the codes of law and this is opposed to the common law system which is totally dependent over
the doctrine of precedent.
Further in the present case the doctrine of stare decisis is being followed in this case of
Young v Bristol Aeroplane Co Ltd 1944. Under this case the judge of the case has referred to the
previous case which has also taken place in the similar manner and thus, this is easier for the
judge to provide verdict to the present case. This is particularly because of the reason that when
the same or similar type of case has happened in past then the verdict of it can be used in the
present case under the use of Doctrine of Stare Decisis.
Further the practise statement was the statement which was made in House of Lords by
Lord Garginer LC on the 26th of July in 1966. This decision was made on behalf of themselves
and lord of Appeal in Ordinary which would have departed from the precedent within the Lords
with the aim to achieve justice. Furthermore, the Human Rights act 1998 is also a law which sets
out the rights and freedom which every person in UK is entitled to. This law incorporates the
right which are set under the ECHR that is European Convention of Human Rights. The section
3 of this states that as far as it is possible primary legislation and the subordinate legislation need
to be read and to be given effect in a way which is more compatible along with th Convention
rights.
Further under the civil law as well there are different types of principles or the laws
which are to be followed by the judges in the case. These principles are assistive to the judge to
find the fact that whether all the various principles are being followed by the company or the
person coming in court has been followed or not. This involves the major principle of contract
law and this is the most important law which need to be ensured and followed in the same
manner as required. This principle ensures that all the working of the person is being undertaken

by the contract agreed between them13. This is particularly essential because if any of the
condition in the contract will not be followed then this will have a great impact over the working
of the contract. Thus, for the contract to be successful the most essential thing is following of all
the contract requirements in the same manner as listed in the contract.
The statutory interpretation and the hierarchy of courts and judicial precedents has a great
impact over the working of the court. This is particularly because of the reason that when the
statutory interpretation or the hierarchy of courts will not be followed then this will affect the
solution of the cases to a great extent. The major reason for this is that if the person will not go
with the hierarchy of the courts then this will affect the duration of the case to be solved.
Furthermore, the statutory interpretation also affects the working of the courts and solution to the
cases. This is particularly because of the reason that if the statutory clauses will not be
interpreted in proper manner then the working will not be proper and effective.
CONCLUSION
From the above whole discussion, it is clear that following all the laws and legal principle
is very essential and good for the company and its successful operations. This is particularly
essential for the reason that when the company makes all it’s working on the basis of the laws
and contract then this will be beneficial. The present discussion highlighted the importance of
doctrine of Stare Decisis and how it is applied in the case of Young v Bristol Aeroplane Co Ltd
1944. Further it was seen that there are different sources of law and government also plays an
important role in the making and evolution of the law and legal system of England. in the end it
was seen that the use of legal principles is very helpful in guising the work and running of the
company in very effective and better manner.
13 Pješčić, Gordana Bekčić. "US legal system in the context of English legal heritage and theory
of the natural rights of John Locke." Strani pravni život 4 (2018): 95-106.

REFERENCES
Books and Journals
Baran, Kazimierz. "The Concept of Treason in the English Legal System between the Middle
Ages and the Reign of the Tudors." Díké-A Márkus Dezső Összehasonlító Jogtörténeti
Kutatócsoport folyóirata 4, no. 1 (2020): 17-23.
Burton, Frances, and Ryan Murphy. "English Legal System." (2020).
Elliott, Catherine, and Frances Quinn. English Legal System 2016/2017. Pearson Education,
2016.
Goldstone, Barrie. "The Barrie guide to the English legal system and legal method 2020."
(2020).
Huxley-Binns, and et.al. Unlocking the English legal system. Taylor & Francis, 2017.
Murphy, Ryan, and Frances Burton. English Legal System. Routledge, 2020.
Partington, Martin. Introduction to the English Legal System 2019-2020. Oxford University
Press, USA, 2019
Partington, Martin. Introduction to the English Legal System. Oxford University Press, 2017.
Pješčić, Gordana Bekčić. "US legal system in the context of English legal heritage and theory of
the natural rights of John Locke." Strani pravni život 4 (2018): 95-106.
Sachdeva, Vikram, Victoria Butler-Cole, and Annabel Lee. "The English Legal System." A
Medic's Guide to Essential Legal Matters (2018): 1.
Thomas, Mark, and Claire McGourlay. English Legal System Concentrate: Law Revision and
Study Guide. Oxford University Press, 2020.
Thomas, Mark, and Claire McGourlay. English Legal System Concentrate. Oxford University
Press, 2017.
Online
English legal material: structure of English court system. 2018. [Online]. Available through: <
https://researchguides.library.wisc.edu/c.php?g=204332&p=3205486 >
Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944. [Online]. Available through: <
https://swarb.co.uk/young-v-the-bristol-aeroplane-co-ltd-ca-28-jul-1944/#:~:text=The
%20claimant%20was%20injured%20and,follow%20its%20own%20previous
%20decisions.>
Practice statement (Judicial Precedent). 1966. [Online]. Available through: <
https://www.queens.ox.ac.uk/sites/www.queens.ox.ac.uk/files/Law18-Reading4-
Practice%20Statement%20%5B1966%5D1WLR1234.pdf >