English Legal System & Its Structure

This assignment delves into the intricate workings of the English legal system. It examines the system's hierarchical structure, outlining its primary sources of law, such as legislation, common law, and judicial precedent. Key institutions like Parliament and their roles in shaping legal frameworks are analyzed, providing a comprehensive understanding of how laws are created, interpreted, and applied within England.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................2
TASK 1............................................................................................................................................2
P1 Structure of English legal system and different sources of law ...........................................2
P2 Role of Government in formation of legislations ................................................................3
M1 Evaluating the effectiveness of English legal system...........................................................5
TASK 2 ...........................................................................................................................................5
P 3 Effect of Legislation on organisation....................................................................................5
P3 B) Effect of employment and contract legislation on Business.............................................6
M2 Differentiating and analysing the effect of standards, regulation and legislations.............7
TASK 3 ...........................................................................................................................................7
P 4 Suggesting appropriate legal solution to several business problems....................................7
P5 Justification related to above legal solutions........................................................................8
M3 Assessing the negative and positive effect of legal solution on Business............................9
TASK 4............................................................................................................................................9
P 6 A) Concept and advantages of utilising Alternative dispute resolution procedure............9
P6 B) Recommending alternative legal solution to problem faced by organisation ................10
M 4 Effectiveness of two different recommendations..............................................................11
Conclusion.....................................................................................................................................11
REFERENCES..............................................................................................................................12
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INTRODUCTION
Business law is also known as merchandise legislation which is created by government
by identifying the problem faced by majority of enterprises in the country. The laws are formed
by government are concerned with helping people or organisation in identifying the legal
solution top their problem. Business law is referred to as study related to legal solution .The
purpose of gaining knowledge about the English and other legal system and developing the
understanding about the problems in external as well as internal business environment. It assists
an individual in recognising effective as well as appropriate legal solution to several problems
faced by organisation. The aim of company laws is to ensure ethical business practices.
The objective of the project is to provide the complete detail as well as features of
English legal system. It will also highlight the legal obligation of employer as per the various
acts or company norms. Report will have focus on identifying the issues in given case studies
and on providing appropriate legal solution for same. It will also provide detail explanation about
alternative legal solutions and advantages or disadvantages for the same.
TASK 1
P1 Structure of English legal system and different sources of law
The English legal system is established in order to govern and regulate the business
activities conducted by organisation in England and Wales. Tribunal in English legal system
have civil as well as criminal jurisdiction. Courts are developed outside the chief hierarchy of
English legal system. English legal system consists of hierarchical structure of courts. At the top
of hierarchy there is house of lords also recognised as supreme court. This is the tribunal who has
right to make judgement regarding the approval of various proposals that are to be converted into
act. The court of appeal is the another legal body which has authority to make decision. Civil and
criminal divisions are part of Court of appeal. The decision or judgement made by these two
tribunals are to be followed by the courts at lower level of hierarchy. Other smaller tribunal at
lower level of hierarchy are high court, crown tribunal, country courts and magistrate tribunal
(Fletcher, 2018)
The courts in English legal system also consists of various sub divisions such as
administrative court is the part of Queen bench divisions. The role of judges in this court is to
deal with claims of judicial review. Function of judges in commercial court is to handle law
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suits related to business matters. This court has experts team of judges those who have been
appointed by legal body which is recognised as Lord Chancellor. Chancery Division is the part
of old tribunal of equity. The role of magistrate in these courts is to handle and manage legal
matters such as dissolution of partnership, Bankruptcy, commercial matters and intellectual right
act. Family division is the part of civil court.
Sources of various norms or legislation in English legal system are:
European union law -When UK was part of EU , the legal authority in European union is
accountable for developing laws. But due to post Brexit, UK government has decided to form
their own new legislations which is must have influenced by the legislations or norms formulated
by EU.
Human right -It is the most essential legislation formed by EU with the objective to provide
protection to human rights from exploitation. As per this law , every individual residing in the
country and working in organisation has certain rights. This legislation is developed by
government in EU considering the safety and security of human being.
Case law-This legislations or norms are sourced from the decision made by the magistrate in
previous legal cases.
Common legislation- These laws are originated by the act of parliament. Common legislation are
major sources of various norms or regulation in English legal system. Proposal or bill that is
being prepared by government have to be approved by parliament before implementation.
Delegated law-This is the another source of legislation in English legal system.
Equity-These are the standards or basis on which the major decision is made by magistrate in
supreme court. This is the source which allows judges to pass fair judgement related to specific
law suits (Guerrina and Masselot, 2018)
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Role of Barrister in English legal system is to act as representative of parties in court
when advice by Solicitor. Barrister is those people who indirectly deals with the party. Function
of Solicitor is to provide parties with the legal solution related to their problems. The main duty
of solicitor is to act as advocates in legal hearings. Their role is to support advise clients,
undertake negotiations and draft legal documents.
P2 Role of Government in formation of legislations
The legal authority has major responsibility to provide safety and security to people in the
country. Role of government is to manage and control various practices, procedure as well as
activities conducted by people or organisations in the country. It is very essential for legal
authority to make contribution in law making procedure. In law formation process, function of
legal authority is to represent the populations, recognise the problems faced by citizen or several
industries, identifying the solutions for same, providing the proposal or bill for reading,reviewing
, managing and controlling activities in the procedure. As the initial stage of law making process,
government has to prepare draft or proposal that is to be approved by several courts and other
legal authorities in the country. Permission is essential as without the approval of parliament or
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Illustration 1: Structure of English legal system
Sources:(English Legal material, 2016)

other legal bodies, Bill can not be converted into Act or law. Proposal has to pass through
lengthy and complex procedure before transform into legislations.
Bill- It is drafted by government and presented before common chamber. At this phase role of
legal authority is to get proposal or bill approved by magistrate who is also recognised as Lord .
First reading- After getting the approval of lord or judge in house of commons, function of
government is to forward the same to be presented in front of chamber for first reading.
In next stage, duty of legal authority is to make changes or modifications in the bill
according to the conclusion made after the first reading (Neubauer and Fradella, 2018)
Second reading- After the changes in proposal, bill is to be presented for second reading in the
chamber. At this stage, short debate is conducted related to the subject matter of passing the bill
and allowing the transformation of the same into act.
After the discussion and debate, it is required by government to make suggestion as per
the head authority in chamber. Role of legal authority is to forward the bill to special committee
for evaluation.
At this stage, the role of committee members is to judge the effectiveness of bill. In this
phase , no changes or amendment in proposal can be made. It is also evaluated that whether the
bill has sufficient capability to fulfil the majority needs of people in the country.
Report stage- This is the phase , in which function of committed member is to present the report
in front of members in court and assist the members in chamber to make suitable decision.
Third reading- After the evaluation by the special committee , bill is to be presented for third
reading. At this stage, bill is accepted or rejected by members in chambers. In the bill is rejected
by members in chamber , that it is the duty of legal authority to identify alternative solution or
draft new bill in order to support people in resolving their problem. Role of government is to
provide details about new schemes by formulation of regulations under the responsibility
provided by legislations. After the enforcement of law , it is role of legal authority to monitor
the effect of people on the country as well as citizens and submit report for same in the country
(Trad and Kalpić, 2018)
In law making function of parliament is to work closely with government and support
legal authority in development of plans. The role of members in parliament is to monitor the
activities of government. It is the duty of members in parliament to ensure that decision made by
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legal authority are open as well transparent, workable, efficient, fair and non discriminatory.
Members of both Houses of Parliament can speak up for us if a government department or
agency treats us unfairly.
M1 Evaluating the effectiveness of English legal system
It has been identified from research, there is has been major amendments and changes in
reforms which has brought significant improvement in English legal system. The important
changes were planned by parliament in terms of department of constitutional affair has been
replaced by ministry of justice. Due to modifications in reforms, policies and procedure which
has reduced the functions as well as liabilities that are associated with offender management
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Illustration 2: EXPLAIN PARLIAMENT HOUSE OF LAW UK
Source:English votes for English laws: House of Commons bill procedure, 2016

services. It has been recognised that there has been major modification in regulations as well as
norms associated with qualification of sectary of State of Justice Lord Chancellor.
TASK 2
P 3 Effect of Legislation on organisation
A) Occupational heath and safety 1974-This is the legislation which is developed considering the
health and safety of workers within an organisation. It provides employees an right to demand
for safe and secure working environment at workplace. Occupational heath and safety law has
provided detail about the function and liabilities of employer towards employees. The legislation
has made compulsory for manager or employer in organisation to conduct risk assessment
procedure before implementing new practices or employing technology at workplace. As per
this law employer is required to prove training or clearly defined instruction to employees. This
legislation covers major aspects related to working environment within an enterprise. It is duty of
employer to provide safety measures or resources to workers whose role is to conduct
operational activities that involves high risk or may have negative effect on health of an
individual. Occupational heath and safety law has direct effect on the practices, operation and
system within an enterprise. It has great influence on working environment in an organisation.
Workers compensation-As per this norm, it is important for human resource manager in a
company to form compensation policies for workers those who have been injured when
executing their task at workplace (Scott, 2018) It is required by employer to make proper and
special arrangement for dealing with uncertain emergencies or situations. As per this act , person
who got injured when operating machinery or handling equipment to demand compensation for
losses suffered by an individual. It is the duty of employer to pay for losses suffered by his
employees due to workplace injury. If the employer denied compensating for losses , then in
such case, workers has right to file law suit against employer. Workers compensation policies
has direct effect on relationship between employee and employer .It has influences on human
resource management policy.
Harassment act 1997 - As per these regulations, Harassment is the serious offence in which strict
punishment can be announced by magistrate in the court. It is considered as the forceful act that
is conducted by an individual with the purpose of harming reputation of other person. This act
provides victim a right to file law suit against the person who has conducted the offence.
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According to the legislation, harassment is criminal offence as it is conducted by an individual
for harming other person. This action by an individual has adverse impact on heath or reputation
of person. The Harassment act , is formulated by legal authority, to protect people or workers
being abused by their employer at workplace.
Equal opportunity Act, 2010- As per this norm , it is essential for employer to provide equal
treatment and opportunities to employees working within a company. If in case , any employees
believes that he or she has been discriminated at workplace, such person has right to demand for
equal treatment. This factor has direct impact on the human resource management or employer
practices. It also has great influence on pattern or system of delegation of authority or
responsibility within an enterprise (Jones, 2017)
P3 B) Effect of employment and contract legislation on Business
Contract laws in terms of employment provides employee and employer certain rights
which can be used by them if they fell that any of the party among them has to fulfil their part or
duty as per contract law. According to this legislation it is compulsory for both the parties in
contract to perform their function and fulfil their liabilities as per the employment contract. As
per contract legislation if any of the party fails to follows the employment terms in such case the
contract can become null and void. As per the contract act, to read carefully the terms and
conditions in contract and then sign the contract. According to court, it is important for both the
parties to considered the essential elements of agreement in order to form legally valid contract.
Contract provides two parties an opportunity to work with each other for accomplishing common
goal.
In given case study, the employer has fails to provide healthy and safe working
environment to employees working within an organisation. It has been identified from the given
Case study that employer has not conducted the risk assessment procedure before implementing
the ice cream machine at workplace. Employer has also not discover the consequences of placing
the ice cream machine near to fire.
Employment legislation is formed by government in order to encourage organisation to
bring positive as well as drastic improvement in human resource management practices. These
laws have positive and negative effect on relationship of employer and employee. In given case
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study, girl has become victim of the incident due to the negligence of employer (Beatty,
Samuelson and Abril, 2018)
M2 Differentiating and analysing the effect of standards, regulation and legislations
Legislations is defined as the norms that are formed and enforced by legal authority in the
country. The several laws such as company norms, employment legislation, competition , health
and safety act has significant and major impact on overall aspects of business. It also has great
effect on growth or success of an organisation. It provides firm an opportunity to identify
appropriate legal solution to business problems.
Regulations, is defined as the procedure which include monitoring as well as
implementation of legislations. Code of conduct are established by human resource manager as
per the situation or environment in an organisation. These are formed for maintaining discipline
in company and encouraging employee to improve their performance in an enterprise.
Standards is referred to the establishing of level of quality. It is type of model or
framework , benchmark set by human resource manager, according to which all workers has to
execute their given task. It allows organisation to improve its quality of products or services
(Mann and Roberts, 2011)
TASK 3
P 4 Suggesting appropriate legal solution to several business problems
1. Wrongful dismissal is defined as a condition in which an employee's contract of
employment has been terminated by the employer, where the termination breaches one or
more terms of the contract of employment, or a statute provision or rule in employment
law.
Unfair dismissal is refers to as action in which employer terminates employee without given
proper justification and prior notice.
In given case study, It has been identified that Calvin Employer has terminated him without
given notice and providing false justification. This types dismissal is considered as wrong or
unfair. According to employment law, Donna who is Employer is required to present proof that
Calvin has conducted the crime. As per Employment legislation, it is essential for employer to
provide proper notice and justification to worker before dismissing an individual from job.
Employment Act provides Calvin a chance to provides justification regarding his dismissal and
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proper notice from employer. If in case Donna denied providing the same then in such situation ,
Calvin has right to file law suit against his Employer.
2. In case Of Dan , it has been identified from given case study that Dan has signed the
contract or agreement without reading the detail or terms due to which he is on aware
about the fact that insurance claim can be made after particular time. According to the
law , It is essential for both parties in contract to consider all the essential elements of
contract. Contract act dictates that if parties fails to fulfil required of various elements in
such case, contract does not have validity. In such situation , parties in contract does not
have right to file suit in court against each other (Christensen, Onul and Singh, 2018)
Forgetful is defined as apparent loss or modification of information already encoded and stored
in an individual's long-term memory. According to English law misrepresentation is an
incomplete or unreliable statement or fact that has been made during negotiations by one party to
another, which then induces that other party into the contract. As per the Fraudulent act 2006,
this act do not require an intent permanently to withhold.
In given case study as it has been analysed that Dan was unaware about the fact, this indicates
that parties has fail to fulfil the important requirement of valid contract. In such situation, Dan
does not have right to file sue law suit against insurance company. The only option available
with Dan is that, he can make discussion with the insurance institution and can reach to
appropriate solution. It has been recommended to Dan that He should always enter into an valid
contract. As in such case, He can right to file law suit against other party who has failed to fulfil
role and responsibilities as per terms as well as condition in the contract (Miller, 2015)
P5 Justification related to above legal solutions
In Calvin case, He is provided with solution that Calvin can demand for proper notice or
valid reason for justification from his employer. This is an effective solution as it provides both
employer and employee an opportunity to rebuild their relationship and clear their
misunderstanding. This solution generates a possibility that Calvin can his job and position in a
company. Communication will also provide Calvin a chance to provide complete information or
possible circumstances that has happened. The other option provided to Calvin is that he can file
law suit against employer for unfair dismissal. This activity will assist Calvin in proofing himself
as innocent.
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In Dan case, He has been recommended that Dan should enter into a valid contract. This
is an Effective solution as in Such case Dan will have the option to file law suit against other
party for not fulfilling roles and Responsibilities. The other legal solution that has been provided
to Dan is that , He should read the complete details in the contract before signing. As this will
help in developing understanding about terms, fact and figures in the contract. It will also
provide Dan a chance to explore and capture various benefits from insurance policies. The
another important legal solution provided to Dan is that he should conduct discussion with an
insurance company. This strategy will assist Dan in reaching to some appropriate solutions that
can be beneficial for him (Clarkson, Miller and Cross, 2014.)
M3 Assessing the negative and positive effect of legal solution on Business
The legal solution to business problem has adverse and positive effect on organisations.
Legal advice helps company in recognising the appropriate solution to business problem. It also
provides firm an opportunity to resolve their commercial dispute without effecting or influencing
business performance. Legal solution to above solution provides parties to kept the problems
faced by them safe and confidential. Many of the legal advice such as litigation , negotiation etc.
may have adverse impact on business decisions and operations. As these methods are very time
consuming and somewhat lengthy procedure. Some of legal advice may have negative impact on
brand image and reputation of an enterprise.
TASK 4
P 6 A) Concept and advantages of utilising Alternative dispute resolution procedure
Alternative dispute resolution is the procedure that provides several options for resolving
the commercial disputes. The organisation by utilising this process can identify appropriate
solution to various business problems. It provides parties in dispute to reach an effective
conclusion without taking support of litigations. Alternative dispute resolution method is suitable
as by adopting this method parties can resolves their commercial disputes in easy way .It also
provides parties an opportunity to choose third person who will support parties in the procedure
of resolving conflicts. Alternative dispute resolution offers parties a chance to facilitate
discussion and recognise appropriate way for reaching to a mutual agreement. It also enables
parties to develop and maintain their commercial relationship. Alternative dispute resolution
mechanism allows parties to share their stories to share their problems with third person and get
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effective solution for their issues. The several methods that has been provided by alternative
dispute resolution mechanism are negotiation, mediations and arbitrations. Among all three
methods, media is the tool that can be applied quickly to the situation where dispute has
occurred between the parties. In this procedure, third person contribute in supporting parties to
resolve their issues quickly. Negotiation is the method in which parties in disputes facilitates
discussion with the support of negotiator in order to reach some conclusion or mutual agreement.
In this process, negotiators is a person who assist parties in conducting indirect communication
and sharing their interest with each other. Arbitration is effective as well as feasible method that
can be utilised by an enterprise for resolving commercial disputes at domestic as well as
international level. All these methods are less time as cost consuming and allows parties to get
their problem solved in effective and systematic manner. These methods also provides parties a
chance to redevelop their relationship. The several methods in Alternative dispute resolution
provides parties a chance to recognise the reason of dispute and plan things in order to avoid
such types of situations in the future. It allows parties to get faster results. This procedure or
mechanism is flexible as it can be adopted for resolving the issues or disputes related to various
subjects matter expect criminal cases. It enables parties to keep control on procedure or
activities in the process and maintain confidentiality of information about their business or other
important data. In the three methods provided by Alternative dispute resolution , parties can
ensure the fair decision,As the judgement in made by third person who is specialist or expert in
the field and such person do not have any interest or intention to get benefit from the dispute. In
mediation as well as negotiation method parties have right to select third person through mutual
consult in order to get assistance in the procedure. Alternative dispute resolution mechanism
ensures greater and high level of commitment from the parties in conflict. It is the informal
process of resolving disputes and provides parties a chance to accept or reject the decision of
mediator or negotiator. Alternative Dispute Resolution is more preferably intends to protect and
preserve goodwill which is particularly crucial in situations where there is a continuing
relationship between parties. Alternative dispute resolution mechanism helps organisation or
parties in dispute to avoid hostility (Kolasa, 2018)
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P6 B) Recommending alternative legal solution to problem faced by organisation
As it has been identified from given case study that both the organisation in case study
are struggling for identifying the legal solution for their problem. It is recommended to them that
both parties should utilise the negotiation strategy. As this activity will assist them in reaching to
some appropriate solutions. This procedure or method will allow both parties a chance to analyse
the reason for the conflict and aid them identifying the appropriate solution to resolve the matter.
It will also allow them to get an expert advice related to subject matters, so that such situations
can be avoided in the future. His method is effective as neither of the party can deny for
performing their roles and responsibilities as both the parties are bounded by the decision made
by negotiator. And if any of the parties fails to perform their duties as per the contract that has
been formed by mutual consent after the negotiation process, in such situation such individual or
company may have to deal with legal obligations (Teti, Abbott and Cavatorta, 2018)
M 4 Effectiveness of two different recommendations
Arbitration method assists parties in developing their focus on maintaining business
performance and eliminating emotional burden. Whereas negotiation method helps organisation
or parties in dispute to avoid hostility. Negotiation provides parties a chance to facilitate
discussion and reach to mutual agreement. On the other hand, Arbitration is the method in which
arbitrator assists parties in identifying appropriate solution to business problem.
Conclusion
The report has successfully explained the structure of English legal system. It has been
concluded from project that several legislations in English legal system are Influenced by laws
formed by EU. The employment and contract legislation has major effect on relationship
between employer as well as employee. These norms also have influence on individual or
employee behaviour with an enterprise. The other thing that has been concluded from the project
is that there is a value of the English legal system in different factors such as justice etc. Study
has also demonstrated the several benefits of using alternative dispute resolution process for
resolving disputes.
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REFERENCES
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Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
Fletcher, A., 2018. Employee Health Benefit Programs—Who Are They Really Benefitting?.
Guerrina, R. and Masselot, A., 2018. Walking into the footprint of EU Law: unpacking the
gendered consequences of Brexit. Social Policy and Society, pp.1-12.
Trad, A. and Kalpić, D., 2018. The Business Transformation Framework and its Business
Engineering Law support for (e) transactions. In Encyclopedia of Information Science
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Jones, L., 2017. Introduction to business law. Oxford University Press.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Miller, R.L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
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Clarkson, K., Miller, R. and Cross, F., 2014. Business Law: Texts and Cases. Nelson Education.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
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Kolasa, M., 2018. Trade Secrets and Employee Mobility: Volume 44: In Search of an
Equilibrium (Vol. 44). Cambridge University Press.
Teti, A., Abbott, P. and Cavatorta, F., 2018. Employment Creation, Corruption and Gender
Equality 2011–2014. In The Arab Uprisings in Egypt, Jordan and Tunisia (pp. 103-122).
Palgrave Macmillan, Cham.
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