Company Law and Dispute Resolution

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This assignment delves into the legal structure and nature of registered companies. It examines the governing framework within which they operate and explores various alternative dispute resolution processes that can be employed when conflicts arise. The discussion encompasses concepts related to corporate governance, legal compliance, and strategies for resolving disputes outside traditional court proceedings.

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The legal framework and
legal solutions

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Table of Contents
INTRODUCTION...........................................................................................................................1
Main body...................................................................................................................................1
TASK 1............................................................................................................................................1
English Legal system and different sources of laws...................................................................1
How parliament work in law making and role of government in it............................................3
TASK 2............................................................................................................................................4
Impact of Key consumer law on market.....................................................................................4
Tests for employee's right and contract law at cited organisation..............................................5
TASK 3............................................................................................................................................6
Role of directors after registering a company.............................................................................6
How registration will help in rise in capital generation..............................................................6
TASK 4............................................................................................................................................7
Alternative dispute resolution process........................................................................................7
Alternative sources of legal advices............................................................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9
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INTRODUCTION
Business laws and activities plays a very deep and crucial role in applications of business
operations in a company. The legal obligation and the problem's that are been faced by them is
major challenge for a business organisation and is required to be taken in effective consideration
by business firm. The effective following of legal obligations helps the firm to grow and develop
in an effective and significant manner. For the report, Country Pine (CP) is been taken as
organisation of context (Veronika and et.al., 2017). The is a furniture manufacturing firm, based
in UK. This report will cover the details of English legal system. Besides this, the bill formation
process in parliament and potential changes in business environment will be track down. Besides
this, the nature of agreements and consumer and employee's laws are been taken in
consideration. The nature and law of a registered company is been also explained with the
process of Alternative dispute resolution processes to be taken in consideration.
Main body
TASK 1
English Legal system and different sources of laws
The English legal system plays a very deep and crucial role in the setting up and handling
of the different legal or law related operation s in UK. The Business laws that are been developed
by the legislative bodies of UK and Ireland. The major role of the legal system is to safe guard
the people from unethical and illegal work practices and protect their rights for the better
handling of wide range of business operations that will help in the better handling of the work
processes (Ng, 2017). The business law that are been set up by the legal body in UK for carrying
out the business operations in a much effective and efficient manner. It consists of different sort
of laws, rules and regulations, rights and obligation that binds a business organisation to perform
a better functionality in a market of a country. The rules that are been set are been imposed by
the various trade unions and the legislative body and will help them to sort a code of conduct that
are to be followed by a business entity and its employee's, stake holders and customers. The
structure of English legal system is as follows:
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The English legal system consists of the following two major parts that consists of its
legal structure, which is as follows:
Criminal laws: this comprises the law or rules and regulations that are been associated
with the controlling and handling of criminal activities like murder, rape, theft etc. this
are been developed and followed to safe guard the lives of citizens and protect them
against any sort of unwanted legal happening. The cases related to criminal activity is
been looked after by the criminal court and is been judged under criminal law sections of
English Legislation. The penalties and punishments are quite severe as compared to that
in civil laws (Wang, 2017.).
Civil Law: It is the major part of English legal system and look after the well being of
people and social structure of UK. This consists of the legal rights and obligations that
are to be observed by people or citizens of UK. It consists of the various laws and
regulation that is been meant to be followed by the people, without any fail. The cases
related to property, family disputes, divorce, etc fall under the civil law. This cases help
in better handling of functioning in various trade or business organisation.
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Illustration 1: English Legal system
Source: Structure of English Court system, 2016

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The English legislation system is not a documented law and thus derives its acts and legal
support from various sources. This sources help the legislation system to draw the decisions and
validations to make a verdict. Some major sources of English Laws are:
Case laws: this is been developed on the basis of past verdicts or judgements that are
been given by the courts of UK and Ireland. It is based on the unethical and illegal
activities and work and is very crucial for the legislation due to its association with
Doctrine of judicial precedent.
Human Rights Law: it consists of the laws and Acts that help in maintaining the well
being of the citizens by providing them with proper rights and legal support in society. It
enables the citizens of the country to safe guard themselves against any sort of illegal and
unethical activity(Commons, 2017).
Legislation: It comprises the laws that are been passed and developed in house of
common and House of lords, by legislation assembly of country.
Equity: this involves the usage of the fair decision making and the usage of the proper
legal actions that will help in the better handling of the legal cases and give out,
unbounded and fair verdict on the basis of presented evidences.
Delegated legislation: it is the legal help that is been taken by the court of law from
outside the legislative assembly or parliament.
How parliament work in law making and role of government in it.
The government and the parliament plays a very crucial and effective role in the
development and forging of laws. The government or parliamentary body of UK will work in an
effective and significant manner. The government will see through the better handling of
different measures that will help the legislation body to keep an effective check on business
organisation. It will help them to manage the wide range of trade operations and will also help in
effective rise of the ethicalness and following of business operations. The local or national
government along with parliamentary body will work for effective development of various legal
rights and laws that are used for maintaining the well being of people in society. However, the
law making process is very complex and requires various steps and measures to be followed that
will help in the effective maintaining of a law proposal and give out effective solution to the
problem (DAILY, KIEFF and WILMARTH JR, 2014).
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Some major steps that are been taken in consideration for development or formation of a
legal act or Law are:
Bill: the law which is meant to be passed is first of all drafted as a bill by government.
This helps in better handling of the different requirements associated with laws. The bill
is then presented in House of commons and House of Lords. Here it is been read to depict
the content and implication.
First reading: in this stage the bill is been read in house of commons and the debate is
been organised by the firm. This will help in finding the feasibility and drawbacks in bill
and then it is sent for alteration. In this stage the alterations is been made.
Second reading: the drafting committees will work for the effective handling of different
operations that will help business organisation to gain a better idea on changes. Again the
debate is been organised on bill and its implications are been discussed (Charani, E.,
Castro-Sánchez, Moore and Holmes, 2014).
Committee stage: All the peers and legal expert measures that are been associated with
the law formation process will look after the bill to check its feasibility and make
necessary modification as per the needs and demands citizens and the guidelines by
House of commons.
Third reading: this reading takes place at the house of Lords where the final decision on
accepting or rejecting the bill. The bill is been accepted or denied by the means of voting
in chamber, in favour or against the bill. Once the bill is accepted, it is been sent further
to royal granting.
Royal consent: the bill passed in House of Lords is then sent to royal authority which
accepts it and the bill is passed as a law.
TASK 2
Impact of Key consumer law on market.
The Business organisation has to look after the better measures to improve the core
consumer rights that will lay a very deep impact on the market of CP. The effective following of
the consumer law will help in the better handling of the business operations that will help in
effective rise in their satisfaction level (Hepple, 2014). Besides this, it helps in the development
of a good agreement between customer and manufacturing firm. Various legal measures like
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consumer protection act will help in better handling of business operations and had following
consequences on cited business organisation:
To promote a fair, accessible and sustainable market place for consumer product or
services that are been offered by CP to its customers.
Follow the norms and obligations that are been set on national level for protecting the
rights and well being of company.
It will help in getting the high standard of consumer information in order to have good
access to their needs and requirements and develop a product accordingly.
It prohibits the company to use unethical marketing and business practices to lurk in the
customers.
It helps in the better and legalised transaction process that will help in development of
good agreements (Blouin and Wasserman, 2018).
Tests for employee's right and contract law at cited organisation.
Employee's will form a very crucial part in manufacturing firm and will play a very deep
and significant role in operations. The employment protection law is been set by the government
to handle the wide range of business operations that will help the fir m to handle the different
business operations. This laws help in developing the better relationship between the employee's
and employer. Besides this, it helps in better engaging in the contract making process and will
help in better management of claims that are been made in the party. The government will look
after the better handling of this employee and contract laws that will help in suitable
management of duties and responsibilities of the employer firm as well as the employees. The
various aspects of employee and contract act are:
Organisation can't use the word, sentence or name of other organisation that can impact it
reputation in negative way.
Information that is been used by one company, must not harm another.
The employer firm has to provide the proper safety and security measures that will help
in safeguarding them.
No employee can be discriminated on name of religion, colour, nationality under equality
and diversity act (Garell, Svedberg and Nygren, 2016).
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Nature of Contract: The core nature of contract is to be like a transaction where both the
concerning parties trade or interchange the operations or activities.
Elements of Contract: A contract has following elements:
Agreement: terms and condition on which parties agree to work in contract.
Consideration: this are the names of the parties and the promises they made. It is in the
form of money, property or services.
Legal relation: this is the legislation measures of Acts and laws that will cause a good
handling of the contract.
Capacity: it is the limit till which the parties can negotiate and meet the operational
functions of the organisation.
Certainty: it is the clarifications and other vital details that goes in a contract.
Other than this, an employed person is been identified on the basis of the salary and the
revenue it is been generating along with production of the organisation. A self employee's person
will see through the better management of operations that will help in effective growth in his
personal income.
As the employed person, he poses the rights like Safety at Work place, sexual harassment
act and equal work pay act.
TASK 3
Role of directors after registering a company
As CP is a sole trader, it needs to get registered under the rule of law. This will help the
firm to gain a good control over the legal obligations and the business functionality that will help
the cited manufacturing firm to perform its business operations in a much effective and
significant manner. The directors of CP will help the firm to have a better sustainability and
effective market position. They will look after the adoption and implementation of different
measures that will support effective growth and development of firm. Some major roles and
responsibilities that are been performed by the directors of CP are as follows:
Act within the power: they will work in their cited work area that will help them to
observe the better work efficiency at the cited manufacturing organisation. They will
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perform according to code of conduct in the organisation. They will work with associates,
stake holder and business partners (Kaiser, 2016).
Promoting the company to success: They will look after the measures and activities that
will help in the better growth of company to gain a good success and have a sustainability
in market.
Guiding the employee's: they will look after the effective measures to guide the
employee's so that they can perform in a very effective way. This helps in meeting the
success criteria and achieve the targeted goals.
How registration will help in rise in capital generation
The registration process will help the cited furniture firm to gain a better capital
generation. The registration process will help in the effective rise n the production capacity that
will help in the better handling of the product manufacturing and keeping a check on the quality
standards that are been set by the trade firms and government. The production of high class
products and services will help in meeting the needs and demands of their customers. Other than
this, the registration approach will help the CP to gain a legal stability in market that will help in
meeting the needs and demands of users. Besides this, the better capital generation will help in
the better handling of wide range of business operations that will lay a very deep impact on the
business operations this will help in effective rise in business operations (Khoury, 2015).
The financial stability will help the firm to have a superior control over the functionality
and have a better market position that will help the firm to have a good amount of knowledge
and scalability.
For instance, like in the case of Salomon v Salomon Ltd, where the company was not
legally settled or registered and thus lead the stake holders to pay all the dues owned by the
company.
Some major steps that are been taken for the registering of the organisation is as follows:
Setting up a company.
Choose the proprietorship for example sole trader or business partnership.
Address is been chosen for the firm.
Appointing directors and other executives that will look after the functioning of the
organisation.
Appointing the share holders and stake holders.
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Setting up of memorandums and articles
Application of registration process
Registration for Corporation tax of the company.
The directors and the executives plays a very crucial role in the operations of the
company. They help in raising the standards of company, gaining the loan certificates for bank
loans and getting the capitalisation of the shares owned by firm.
TASK 4
Alternative dispute resolution process.
The Alternative dispute resolution process or ADR will help in better handling of high
level of business operations that will support the rectification of legal dispute without any sort of
legal interference. In case of CP and Polish timber supplier, the most popular ADR process,
Arbitration is been followed that will help in the better handling of the dispute regarding the
quality measures. As the cited manufacturing firm wants to maintain the business relation with
the supplier but is cautious about the degrading quality with the rise in supply, firm can ask an
Arbitrator to provide both the concerning parties. He will look after the pleadings presented by
both the parties and will come up with suitable output to the issue, that will help both the
business entities to maintain their trade relation and productivity. It will not only help the firm to
save time and money but will also help business organisation to keep a check on quality, product
valuation and trade relation (Ribeiro, 2017).
There are certain advantages of the arbitration process is:
It helps in effective resolution of the conflicts for the parties to maintain business
relations.
It is a cost effective approach.
Disadvantages of arbitration are:
If the parties are reluctant to work together, Arbitration will not work out.
In such case the negotiation or mediation process involving the third part person will be
useful.
Alternative sources of legal advices
There are a wide range of alternative legal measures that will help the firm to gain a
better sustainability and will improve the production capacity and profitability of company. The
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ADR processes like Arbitration, mediation or Jury will help CP to have a better option to avoid
the legal preceding and have a sustainable relationship with its stake holders or suppliers.
Other than this, usage of alternative measures is a very cost effective and economical
method to resolve the disputes between as well as within the firms. It helps the firm to get proper
solution to a business problem in a cost effective, hassle free and faster manner.
Alternative legal measures are cost effective, faster and less complex way of maintaining
the legal or ethical well being of the organisation and rectification of the disputes.
CONCLUSION
Thus, it can be concluded that business laws are very vital for the execution of the
business operations in a firm. The report laid an effective and better emphasis on details of
English legal system. Besides this, the bill formation process in parliament and potential changes
in business environment will be track down. Besides this, the nature of agreements and consumer
and employee's laws are been taken in consideration. The nature and law of a registered company
is been also explained with the process of Alternative dispute resolution processes to be taken in
consideration.
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REFERENCES
Books and journals
Blouin, J. and Wasserman, M.F., 2018. Tax Solutions to Patent Damages.
Charani, E., and et.al., 2014. Do smartphone applications in healthcare require a governance and
legal framework? It depends on the application!. BMC medicine. 12(1). pp.29.
Commons, J.R., 2017. Legal foundations of capitalism. Routledge.
DAILY, J.E., KIEFF, F.S. and WILMARTH JR, A.E., 2014. Introduction. In Perspectives on
Financing Innovation (pp. 13-16). Routledge.
Garell, C., Svedberg, P. and Nygren, J.M., 2016. A legal framework to support development and
assessment of digital health services. JMIR medical informatics. 4(2).
Hepple, B., 2014. Equality: The Legal Framework. Bloomsbury Publishing.
Kaiser, J., 2016. Making a legal framework for sovereign debt restructuring operational. Too
little, too late: The quest to resolve sovereign debt crises. pp.223.
Khoury, J., 2015. Does the existing Corporate Governance structure and strict Legal
Framework, affect the strategic decisionmaking of CEOs? (Doctoral dissertation).
Ng, K., 2017. Transboundary Haze Pollution in Southeast Asia: The Effectiveness of Three
Forms of International Legal Solutions. JE Asia & Int'l L.. 10. pp.221.
Ribeiro, M.C., 2017. The Protection of Biodiversity in the Framework of the Common Fisheries
Policy: What Room for the Shared Competence?. In The Future of the Law of the Sea(pp.
65-86). Springer, Cham.
Veronika, K. and et.al., 2017. How the Triangle of Bologna Quality Assurance, a National Legal
Framework and Internal Quality Enhancement Supports Institutional
Improvement. SEEU Review. 12(1). pp.113-124.
Wang, M., 2017. Establishment of an international legal framework for cross-border electronic
commerce rules: Dilemmas and solutions. World Customs Journal. pp.61.
Online
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Structure of English Court system, 2016. [Online]. Available through:
<http://law.wisc.libguides.com/c.php?g=204332&p=3205486>
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