Insurance Claim Dispute Resolution

This assignment details the case of a man who had taken insurance 23 months ago but faced rejection when he tried to make a claim. Despite meeting all eligibility criteria and having no terms or conditions attached, his application was denied. The task involves exploring alternative dispute resolution methods, such as arbitration and conciliation, for resolving this issue efficiently due to lengthy court proceedings. Additionally, it examines the potential legal recourse available to him under the Insurance Act.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1. Sources of English Law and their judicial structure.............................................................1
P2. Contribution of the parliament in law making process & statutory and common law.........4
TASK 2 ...........................................................................................................................................4
P3 (A) Influence of law on various situations.............................................................................4
P3 (B) Employment through contract law..................................................................................5
TASK 3............................................................................................................................................6
P4. Suitable solution for the problems arsing.............................................................................6
P5. Justification of the solution...................................................................................................7
TASK 4............................................................................................................................................7
P6. (A) Alternate Dispute Resolution.........................................................................................7
P6. (B) Alternate legal Solution..................................................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9
Books and Journals.....................................................................................................................9

INTRODUCTION
In the business environment enterprises are affected by lots of factors which exists in the
internal and external surrounding. But there is one factors which highly put its influence on the
businesses. Legal factors can shut down the company if management of the firm does not adapt
according to it. This element includes laws and regulations made by the government of the
nations in order to ensure that commercial activities in the country are goes well. With this a
better relation can be established between the employees and employers (Bagley, 2010). All the
individuals are equal under the rule of law and it make sure that interest of every person is
considered. Laws related to corporate environment includes employment rights, consumer rights
and these legal regulations make sure that violation of these laws will be considered offence.
There might be lots of chances that organisations can practice activities which are illegal because
they wants to earn more profits. If they do so they have to face a legal suit which will hampers
there image and business leading to losses.
This report will be briefing about UK legal system and defines how different conflicts
and issues will be resolved. With the help of various case laws the rules and regulation related to
it can be better understood.
TASK 1
P1. Sources of English Law and their judicial structure.
In the world every country forms some kind of rules and regulation and ask citizens to
follow them. Any person or party found guilty of breezing the laws will be punished in some or
other way. The concept behind the this is to protect the citizens of the country from illegal and
wrong practices. UK legislation and judiciary has been continuously putting their efforts to
amend and bring news laws so that conditions at different places can be improved. All the laws
of UK legal system are categorised into Criminal and Civil law(Weber, 2010). It is the judges
and legislation who is given the responsibility to frame and amened new and old law
respectively.
Supreme Court
CRIMINAL CIVIL

Court of Appeal Court of Appeal
Crown Court High Court of Justice
Magistrates Courts Country Courts
The structure of the English Legal system is quite unique as this defines the procedure
which people have to follow in order to file a case in the courts. If any person has become the
victim of any wrong doing. He or she has full right to get justice and for that they have to believe
in the legal system. The structure shows the hierarchy which have to be followed. At the lowest
rank comes the Magistrate court which is the first body who give decision on any case. That
means any person who wants justice have to appeal in the Magistrate court. After the Magistrate
court judgement any of the party who is not satisfied or thinks that the decision is not appropriate
can appeal into the Crown court(Cheeseman and Garvey, 2014). It is the higher level court which
is above the Magistrate court and exercise full power to review the decisions made by the lower
court. Magistrate court normally gets the criminal cases and there are three magistrate which
gives the decision. They hear cases related to the crime and the cases which are sent by the
Magistrate court.
Crown court consists of jury of 12 people which belongs from the general audience and
does not have any connection with the case. They make decision on the basis of the evidences
given to them and they also analyse various aspects of the case. Further, Supreme court is the last
body which makes decision on the cases. Normally, cases which are complicated or has certain
significance are appealed in the Supreme court. It is observed that whatever laws are there in the
English legal system are taken form some sources. Any new laws and amendment in the existing
one are done by the following sources.
Constitution: It is the sources of laws which gives details about the fundamental rights
and duties of the citizens so that their interests and rights can be protected. Constitution has the
legal information of the all rules and regulation which are accessed in the UK. This can be the
top source of law and with this the governing body can give different roles and responsibilities to
their authorities. All the laws related to the physically disabled people, women, children and old
age people are described in constitution(Crane and Matten, 2016). There are some common

rights which is given by the government and almost every individual has those rights. Any
violation of the fundamental rights or the common rights will lead to legal punishment.
Legislature: Government of the country has key role to play in making sure that all the
rules and regulations are abide by the citizens of the country. With this they try to implement the
laws in better way. The governing regime is present at national as well as state level. Each of
them have different power which are exercised on different levels. National level governing body
govern Statutory law and Statutes.
 Statutes: Any law which is passed by the legislation is called as statute.
 Statutory Law: It is concerned with the statutes and a systematic method is followed in
framing this law.
Executives: Without the approval of the President of the country no law can be passed.
The reason behind this is that he is the top authority of the nation. There are rules and policies
which is passed by him and should include the following:-
 Treaties: This shows the relation between the two states and makes a contract between
them. Basically, it is agreement between the two parties and it consists of terms and
conditions which they have to follow(DiMatteo, 2010). This is the legal way they make a
relation with each other. With this they can create a environment where ease of doing
business becomes easy.
Judiciaries: It includes all the things which are related to the legal system. Basically
courts and judges are part of this. They have the responsibility to make inspect the laws and
analyse whether they are followed by the people or not. They have the authority to judge and
penalize the individuals who are violating the laws and they give justice to the victims. Any
person who feels that something wrong has happened with him and this has bring breech of his
or her rights they can appeal in the court(Foss and Knudsen, 2013). Judges who are part of the
courts try to uproot the discrimination and takes decision in favour of the victim.
 Common Law: By evaluating the previous decisions which are of same type judges
make certain decisions. This helps them in a great way because after considering that
decision they comes on any decision.
 Case Law: In the judicial system there are lots of cases which matches and this assist the
judges to make a better decision by referring past cases. They try to find out that what all
provisions was implied there.

Administration Agencies: They are part of the legal system which helps firms in knowing about
the laws. These are the bodies which are appointed by the government and make sure that
companies do not face any legal trouble.
P2. Contribution of the parliament in law making process & statutory and common law.
Law is the only factor through which countries can exercise power on their citizens
because with the rule of law comes harmony in the environment and society. This is the way
government set criteria for the citizens that they ask them to follow it. Government is involved in
law framing process and make sure that it goes with all the steps. In the initial period a draft is
framed and after that it is send to the parliament(Halbert and Ingulli, 2011). If the parliament
appro0vbes it then bill is converted into law. Royal consent is required for the completion of the
process.
Vision and Objectives: With the law government wants to achieve some goals and
objectives. They decides that what kind of problem they want to resolve from this.
Frame Policies on issues: The governing region are told to inspect the problems related
to the law and takes out any matter from it. By taking consideration of the constitution they
implement the policies. This is the best way to make relation with the legislative and executive.
They make sure that interest of the individuals are maintained by imposing the regulations.
Finishing Policy: Before finalising the policy various stakeholders are called and they
are asked about the factors which could impact the policy in different environmental setting. The
purpose of this task is to resolve all the issues before the implementation of the bill. After that
the final policy is prepared and drawn on the paper.
Passing Law: After making it sure that now the policy does not have any loophole it is
executed and after that it is passed in the form of law.
Statutory and Common Law are great help to the judges because through it they can take
more appropriate decision. Common law has to do with the case law and statutory law is framed
in the written form(Grundfest, 2010).
TASK 2
P3 (A) Influence of law on various situations.
Healthy and Safety at workplace: There are lots of situation at the work place where
company has to face various accidents. This might lead to the loss of life or any big loss. It is the

responsibility of the management of the factory to make sure that all things are going well in the
company and they are providing a environment which is safe and secure. This responsibility of
the management is stated in the Health and Safety Act of 1996.
Worker Compensation: Different accidents brings losses and these losses are hard to
recover but with the compensation concept situation can be improved. It is the responsibilities of
the factory to give the compensation amount to the workers who has faced injuries in the disaster
or accident(Spalding, 2011). If the organisation says no to the compensation the victim can file a
claim against them in court.
Harassment: This is the physical and psychological torture faced by the staff of the
company. The management of the firm needs to take preventive steps to eliminate the chances of
such practice. They should regularly meet and talk to the employees about the problems faced by
them. Staff worker should be free from any fear (Johnson, 2013).
Equal Opportunities: This factor can help the company in gaining competitive
advantage as with this their image will improve. They should take care that all employees are
given value in the organisation and they should be given equal and fair opportunities. Such thing
increase and boost the moral of the employees.
P3 (B) Employment through contract law.
Any company cannot perform their functions without the participation of the candidates
who are given the employment. In the business organisation there are lots activities which needs
a lot of people and in return the firm pays some amount(Kinicki and Kreitner, 2012). This
amount is called as salary and wages. If the management of the company implement and make
sure that they are following things according to the employment law they can gain a lot of
advantages. There are various advantages of this as they can maintain a healthy relation with the
staff and can rise their productivity(Kitagawa, 2016). For this they can obey the guidance of
contract law. There are some rights which are given to the employees through Employment Act
of 2010 and Health & Safety Act of 1986.
 Firms has to provide a safe working conditions;
 Employees are entitled for remuneration and allowances;
 They should be trained on regular time interval.
Contract Law: Contract is a written agreement between the employees and employers. It
includes all the terms and conditions which will be practised for the employment. This may be

the criterion's under which they the employees will be performing. Salary, leaves, work details,
working hours, position of the staff and medical facilities are some things which are mentioned
in the contract. With this concept all the disputes can be resolved arising in the future time.
After clearly researching the case of 16 years old teen who was working for the fast food
restaurant we can better understand the health and safety law. When the girl was frying fries in
the frying range his left hand accidentally went into the container full of oil. At the same time the
machine which use to make ice was facing the issue of water licking. As the girl leg slipped he
faced burns on his body part(Nichols, 2012). After recovering from the injuries she decided to
file a claim against the organisation as because it was the fault of the company that they have not
taken care of the health and safety measures. After the hearing the case court gave judgements in
the favour of girl and asked the organisation to give her the remuneration amount.
TASK 3
P4. Suitable solution for the problems arsing.
(1)
There are lot of cases which reflect the bad practices of the companies. Out of them all
there are some of incidences where employees are terminated without any relevant reason. So if
the organisation wants to act properly they need to follow employability act. According to it
those employees who are to be terminated from the company should be given one month
advance salary. With the salary they should also provide him the notice consisting of the warning
as well as the termination reason(Mann and Roberts, 2011). If all these things are not given to
him then he can file a case against the firm he is working in.
In a particular case of Calvin he was terminated on the basis of robbery charges. He was
working for a fashion house and he had completed 4 years there. His employer Donna who one
day founded that his 100 pounds was missing on the day of Monday. Without knowing anything
she eliminated Calvin because according to her Calvin was the person who has stolen her money.
She also didn't gave him the reason and notice to Calvin about the action she has taken. This was
the violation of the Unfair Dismiss Protection law.
Right to Receive Notice: In the termination a proper process should be followed and the
employee have full right to know on what grounds she has been eliminated. For this they should
give him a notice stating the when he will be terminated.

Right to Receive Advance Salary: They should give him one month salary in advance
before terminating him.
Claim: This describes that any person who has experienced some sort of accident at
workplace and in that he or she has faced injuries. If they also faced some torture or wrong
practice they can file a claim against the company or the person. Calvin exercise full right to file
a claim against Donna.
Evidence: Those who has faced some sort of harassment or any injury at the work place
has to show the proof of it. On the other hand companies can also provide evidence in defence.
Donna can give evidences if she thinks that the decision made by her is appropriate.
(2)
Insurance is the way through which someone can protect their assets. Those who wants to
protect their property are called as insurer and those who will be paying the insurance money is
called as insuree. In the case of Dan his shop was fully burnt so he though that his losses can be
recovered through the insurance money (Posner, 2014). After a discussion with the insuree he
agreed with all the things which was asked to him. But later he realised that he has given them
wrong information by mistake. He has taken insurance 23 months ago so he is eligible for the
insurance and there are no terms and conditions related to it. The company has rejected his
application but he should be paid with the money.
P5. Justification of the solution.
Calvin has faced the issue unfair dismissal because Donna has not give him one month
advance salary and the notice also. He can appeal to court about the action but as the court
proceeding are such long they can resolve this issue on personal basis(Snyder and Deaux, 2012).
Donna needs to set a enquiry commission who will be inspecting the matter.
Dan has the option of moving into the court because there has been violation of the
Insurance Act. Before doing this he should make sure that he has all the history of the insurance
he has taken.
TASK 4
P6. (A) Alternate Dispute Resolution.
There are lots of cases which are pending in the court so it takes lot of time for the
judgements. Lots of years are spent in the court trails nut no decision is received. To solve this

issue Alternate Dispute Resolution System can be adopted. This include arbitrator which is the
mediator who resolve issues in place of the two parties. Whatever justice is provided by the
arbitrator are called arbitral rewards(Scholes, 2015). Conciliator is the process which includes
judgements through discussion and after that a negotiation is made. In this any one party has to
back down and whatever decision are made is after the hearing both the parties.
P6. (B) Alternate legal Solution.
Antown and Tyrell has the option of resolving their case through alternate dispute
resolution process. With this they can negotiate on certain terms and build a better relation with
each other Mediators can make settlement agreement after listening both the parties. Both the
parties can be satisfied through the judgement given by arbitrator(Robson, 2010).
Every country has different legal system but the motives of all is same. The concept
behind all of them is to give right decision and save the right person's interest. Judicial process of
UK is faster than USA.
CONCLUSION
From the above report it has been concluded that different firms has to take care of the
employability and health & safety acts at their workplace. They should take a note of this and
make sure that all the employees are given a safe environment to work. Whenever they appoint
new employ all the terms and conditions should be made clear through a contract. Management
should regularly check the areas where changes of accidents are much more. With the alternate
dispute resolution system most of the cases can be resolved in quick time.

REFERENCES
Books and Journals