Legal Practice in the English Legal System

Legal Practice in the
English Legal System

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
PART 1 Research Report.................................................................................................................1
PART 2 Research Diary...................................................................................................................4
1. How you understood the task that has been set.......................................................................4
2. How you carried out research of the relevant sources............................................................5
3. How you identified issues that are relevant to answering the question and applied them......5
4. How you communicated your answer.....................................................................................6
5. How you referenced your sources...........................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Law is defined as set of rules that are developed by a governing body in the society over
a specific period of time. Through this certain practices and customs are designed in order to deal
with criminal, business, finance, property and other activities. Implication of law establishes a
formal system that is used to govern and enforce various rules and regulations1. In a nation to
govern legal system various rules and regulations are applied so that law and order can be
maintained and crime rate can be minimised and control to govern economy in legal manner. In
this project report legal practices in the English legal system will be discussed to demonstrate
fundamental knowledge of the sources of English law. Structure of legal system and its
procedural rules and understanding of the legal profession will be made. Together with this
application of law in order to produce clear, logical and well-structured arguments with
supported references will be made in this project report.
MAIN BODY
PART 1 Research Report
R v Secretary of State for Work and Pension case was filled in the year 2002. Hearing on
this case was constituted as a landmark Civil Action cases through which a review of the UK
government policies on Human Rights Act, 1998 on Right of Property will be made. Annette
Carson was a UK pensioner was relocated to South Africa in 1989. At the time of employment in
UK Carson kept on paying Full contribution towards National Insurance and taxes2. At the time
of retirement she become eligible for full UK state pension. The amount of of pension did not
increases as remains to the level where it was started. UK government faces failure for non
upgrading of pension amount to individuals reside in other countries. Violation of human rights
was reported on the basis of discrimination. As annual upgrading will be applicable in other
countries where individual lives and mentioned in the law.
Their are several decisions made in this case law R (on the application of SG and
others) v Secretary of State for Work and Pensions was a 2015 judgement by supreme court
of United Kingdom. A majority decision was given through which British Policy limiting
1 Barkan, Steven M., Barbara Bintliff, and Mary Whisner. "Fundamentals of legal
research." (2015).
2 Woodman, Gordon R. "The challenge of African customary laws to English legal
culture." Legal Practice and Cultural Diversity. Routledge, 2016. 149-164.
1

welfare was legal. A security benefit was introduced up to an amount of £500 per week
regardless of the number of children in a family and the level of local rents. As per latest appeal
made in relation to this case law R (on the application of AB and others) v Secretary of State for
Work and Pensions [2019], the applicant has changed the lawfulness of provisions relating to the
benefit cap. The supreme court dismissed its own verdict with majority decision of 5-2. The
judgement given by the count clarifies applicable law for welfare benefits.
Case laws are termed as one of the primary source of UK legal system. Sources of law
are considered as origin of laws that are applicable on the national and international boundaries if
the country3. Sources of law is also termed as set of power and law of a nation derives its validity
through different sources if law. Different types of law in UK are formed on the basis decision
provided by courts on a particular case filled in the court. Decision of all the cases are not served
as source of law because they are not termed as some benchmark case. Decisions taken in the
past on the basis of rules and regulations prevailing in the country becomes source on the basis
of which future cases involving similar cases will be resolved.
3 Eberl-Borges, Christina, and Su Yinxia. "Freedom of Contract in Modern Chinese Legal
Practice." Geo. Wash. Int'l L. Rev.46 (2013): 341.
2