Business Advice and Guidance for the Start-Up Payup Finance LTD

Legal system: Definition: Include rules, procedures, and institutions Types of legal system: Civil law, Common law, Theocratic law, Customary law Law: A set of rules recognized by a country or society to govern the behavior of its people. The legislation was enacted by Parliament (Monarch, the House of Commons and the House of Lords ) Court system: ( Source: Justcite.com) The Supreme Court: The House of Lords is the supreme court as England highest court

Vietnamese name: Nguyễn Thị Thu Hà
English name: Annabelle
Class: F14D
Student no: 09
Email Address: [e-mail]
SPEAKER NOTES
1. Introduction:
I’m Annabelle from F14D. I work as a lawyer for the law firm DLA Piper which specializes
in advising start up companies across the UK legal system and main law. This presentation
provides business advice and guidance for the start-up Payup finance LTD which are
founded oct 10 2021 with 10 employees.
2. Legal system:
Definition:
Include rules, procedures, and institutions
Types of legal system:
Civil law, Common law, Theocratic law, Customary law
Law:
A set of rules recognized by a country or society to govern the behavior of its people.
Penalties can be used to enforce it.
Functions of law:
Set up rules, regulations and standards for society
Maintain social oder
Resolve disputes between individuals or business
Protect individual rights and liberties
UK legal system:
The legal system in England combines the enactment of legislation with the establishment of
precedents through case law.
The legislation was enacted by Parliament (Monarch, the House of Commons and the House
of Lords )
3. Court system:

( Source: Justcite.com)
3.1. The Supreme Court:
The House of Lords is the supreme court as England highest court.
3.2. Court of Appeal:
It includes two divisions: Criminal Division and Civil Division.

Civil Division: hears appeals relating to civil law and family justice from the High Court,
from the Courts, and in certain cases from the County Courts.
Criminal Division: Criminal cases are heard at first instance in Magistrates' Court,
seriousness is heard at Crown Court.
3.3. High Court:
It includes 3 divisions:
Chancery Division: This division solves equity issues, such as Mortgages; Revenue issues;
Bankrupt; Disputes over the deceased's wills and estate management, etc.
Family Division: This division deals with all marriage issues, including child custody,
adoption, domestic violence, divorce, and probate issues.
Queen’s Bench Division: primarily solves common law matters, such as handling shipping or
commercial matters.
3.4. County Courts:
It deals with all civil cases, except for the simplest and most complex cases
3.5. Crown Court:
It handles criminal matters moved from Magistrates' Courts, including hearing severe
criminal cases, sentencing proceedings, and appeals.
3.6. Magistrates’ Courts:
deals with summary criminal cases and Crown Court engagements, with simple civil cases
including family and youth proceedings
3.7. Tribunals:
make decisions on issues including asylum, immigration, disability compensation, social
security, education, employment, taxes and land.
4. Sources of law (P1)
4.1. Case law:
It is law based on judicial decisions, instead of on constitution, statute, or regulation (Legal
Information Institute 2020)
4.2. Equity:
It is a law body that deals with problems outside the jurisdiction of Common Law (Droit
2020). It was created by the Chancery.
4.3. Legislation:
It is a legislation or set of laws proposed by government and enacted by parliament
4.4. Customs:
They were created by the People.
For a custom to be considered valid, it must meet a number of necessary conditions and be
recognized by judicial and legislative authorities.
4.5. Conventions:
They are rules that created by custom and practice. Thus, they become critical elements in
deciding how the government wields power.
4.6. Acts of Parliament (Statute law):
It is a law made by Parliament. Acts of Parliament create new laws or change existing laws.

4.7. European Union Law:
It is a collection of treaties, legislation, and court decisions that supplement the legal systems
of the European Union's member states (Oxford LibGuides 2022)
4.8. European Convention on Human Rights (ECHR):
It defends the human rights of citizens of the member states in the Council of Europe. It has
become an increasingly important source of law since it was included in the Human Rights
Act 1998 in UK law.
5. The Government's role in making of laws (P2)
Initial interest: The government collects proposals to prepare documents.
In the draft bill, the government contacts parliament and gets them to draft the Bill.
In the first reading, the government sets up the meeting. Then they will fit it for the second
meeting.
In the second reading, the government sets up the reading. That is for the House of
Common to discuss and they vote on.
In committee stage, the government sets up the committee and then they choose the member
for examine the Bill
In the report stage, the government reports to the house and changes in committee
In the third reading, the government sets up a meeting for the reading.
In the House of Lords Stages, the government submits the Bill to the house of Lords. If it's
rejected, it will be sent to the house of Common. If it's accepted, it will be sent to the queen
The royal assent: The government sends the Bill to the queen for approval. If it accepts,
they will inform the public.
6. Applying statutory and common law (P2)
No Law Definition Who
created
When How Example Penalty/
Decision
1 Statutory
law
is a written law
established by
enactments of
the legislature,
as distinct from
unwritten or
common law
(Ebadolahi.M,
n.d)
It was
made by
Parliament
violation
of the
statute
law
use act,
regulation,
Punishment
Name of act: Equality
act 2010
Regulation: Employers
are strictly prohibited
from discriminating
against adults and
children under 18 years
of age.
Penalty: Pay
compensation
2 Case law is law based on
judicial
decisions,
instead of on
constitution,
It was
created by
Judges
not
violating
use
precedent
Name of case example:
Price v Easton (1833)
Decision: The
claim was
dismissed by
the court

statute, or
regulation
(Legal
Information
Institute 2020)
7. Effectiveness of Reform (M1)
Act: Employment act 2008
Previous
regulation
If an employer does not follow the procedure before firing their employee,
the dismissal will automatically be considered unfair. This means that
employers can face up to 50% compensation. (Employment Act 2002)
(Reform)
Current
regulation
Repeal of the statutory dispute procedures
If the employer or employee fails to comply with the new Code of Practice,
the tribunals may decide to increase or decrease the reward by no more
than 25% depending on which party is at fault.
Purpose of
reform
Reduce employment litigation
Judgment:
Impact possitve on business organization and decision making. Example: If an employee
finds themselves unfairly fired, they will usually take the employer to court. The company
will have to compensate 25% for employees instead of 50% as before.
Advantage of reform: Reduced costs in relating to dispute such as dispute compensation cost,
Disadvantage of reform: Most disputes take time. In addition, the company's reputation is
also partially affected.
Achievement of purpose of government but cause undesirable consequences in practice
Conclusion: effective
8. Influence of company, employment and contract law (P3)
8.1. Company law:
Definition: A set of laws governing the establishment and management of businesses
(Cambridge Dictionary)
Act: Company act 2006
Element:
Source of finance
Regulation: Debt capital + Equity captital
Impact: Easily raise money because private limited company can sell shares but they can
only sell share to friends, relatives, family members and employee.
Specific example: Director of payup finance company limited to sell shares with other
people without relationship

Penalty: Director was fined 200 pounds
8.2. Employment law:
Definition: The set of laws about employee' rights and employers' responsibilities
(Cambridge Dictionary)
Act: Employment act 2008
Regulation: There are unfair reasons to dismissal a person employees such as pregnant;
pregnancy; fired for asserting a statutory rights, etc.
Element: Unfair dismissal
Impact: If an employee finds themselves unfairly fired, the employer will have to
compensate the worker. In addition to compensation costs, unfair dismissal also affects the
company's reputation.
Specific example: PayUp Finance ltd dismisses female employees because of high levels of
absenteeism due to pregnancy-related
Penalty: The company must compensate 700 pounds
8.3. Contract law:
Definition: legally binding agreement between two or more parties (Cambridge Dictionary)
Essential Element: Consideration
Rule: Past consideration is no consideration
Impact: The company must compensate for damage if the contract is breached
Specific example: PayUp Finance ltd has to keep their promises their promise. Payment
promise is given after the consideration had been performed
Decision: Past consideration is not good. Thus, the agreement is unable to execute.
Case example: Mcardle (1951)
9. Legislation, Regulation and Standards (M2)
No Different Legislation Regulation Standards Potential impact analysis
1 Definition a legislation or set
of laws proposed
by government
and enacted by
parliament (UK
Parliament n.d)
an official rule
or the act of
controlling
something
(Legal
Information
Institute n.d)
a moral rule
that should be
obeyed
(International
Standardisation
in the Field of
Renewable
Energy 2013)
Reason to have standards: manage
business more effectively, ensure
complaince with regulations, ensure the
health and safety of employees,…
Analysis relationship: Legislatures pass
laws, government agencies make rules to
put those laws into effect, and
development agencies draft and adopt
recognized standards.
Conclusion: Impact positive2 Created by passed by a
legislature or the
governing body
of country
issued by various
federal
government
departments
written by
organizations
such as: CSA,
ANSI, CGSB,
etc…

3 Example Health & Safety
at work Act 1974
Employers will
be required to
ensure a safe
working
environment.
Keep clean
Keep food at
safe
10. References: