Business Law: Analyzing the English Legal System and Solutions

This report provides an overview of the English legal system, discussing its structure, sources of law, and the roles of barristers, solicitors, and judges. It examines the legislative process and the relationship between statutory and common law, as well as the impact of EU law. The report evaluates the English legal system's advantages and disadvantages and further explores the impact of laws, regulations, and standards on business organizations, focusing on occupational health and safety, workers' compensation, harassment, and equal opportunity. It presents legal solutions to business problems, specifically addressing issues related to employment law and insurance policies, supported by relevant case laws. Alternative dispute resolution methods are suggested for resolving disputes personally to avoid litigation costs. The report concludes by recommending appropriate legal solutions based on alternative legal advice, emphasizing the importance of understanding legal implications for effective business practices.

Business law
1

Table of Contents
Introduction........................................................................................................................4
Section 1 – Nature of Legal systems.................................................................................5
P1...................................................................................................................................5
P2...................................................................................................................................8
M1..................................................................................................................................9
D1.................................................................................................................................10
Section 2 Impact of the law on business organizations..................................................11
P3.................................................................................................................................11
M2................................................................................................................................14
Section 3 Legal solutions to business problems.............................................................15
P4.................................................................................................................................15
P5.................................................................................................................................16
M3................................................................................................................................16
D2.................................................................................................................................17
Section 4 Recommending appropriate legal solutions based upon alternative legal
advice...............................................................................................................................18
P6.................................................................................................................................18
M4................................................................................................................................20
D2.................................................................................................................................21
2

Conclusion.......................................................................................................................22
References.......................................................................................................................23
3

Introduction
This report is based on the English legal system. Various aspects of the law have been
discussed such as source and structure that helps in the functioning of English legal
system. Government plays a significant role in formulating the legislations and
regulations that are applicable to the working of organisations. It discusses the
legislations regarding the Employment and contract law and provides the solution along
with the case laws. It discusses the different legal solution and also evaluates the
impact on those solutions. Alternative dispute resolution is also discussed with its
various forms and provides the benefits to the parties to settle their dispute.
4

Section 1 – Nature of Legal systems
P1
Law is a procedure that controlled and safeguards that individuals or a public follow to
the determination of the state. English legal system consists of civil and criminal division
and has courts and tribunals.
Structure
The structure of English legal system is divided into civil and criminal courts and has
different courts and tribunals.
Supreme Court: It is the uppermost court for the verdicts in England and Wales.
Senior Courts of Wales and England: It is created by the supreme court of judicature.
It includes the High court, crown court, court of appeal.
High court: It handles the civil cases and petition which was made against the
decisions of the lower court. It divides into three kinds, queen court, chancery court and
family court.
Crown court: It deals with the criminal matters. It perceives the verdicts from the trials
on indictment and petitions from the court of magistrate.
Court of appeal: It includes the civil and criminal division. Civil division perceives the
verdicts from the High court of justice and county court. Criminal court overhears the
petitions from the crown court (Slapper and Kelly, 2013).
Subordinate court: It includes the court of the magistrate that is the criminal court in
which criminal actions are taken. It consists of family court that deals with the matter of
marriage and divorce. Youth court that deals with the offenders of 10-17 years. Count
court is regulated by the district judge.
.
5

Other courts and tribunals: It includes the military court, Ecclesiastical court,
coroner’s court.
6

Sources
There are two main sources primary and secondary source.
Primary source: It includes legislation, case laws, European law.
 Legislation: It is the law that is enacted by the legislature and recognized as the
higher form of law as it overrides the other laws. It includes the regulations,
previous legislation which are passed by the subordinate authorities (Lawgovpol,
2015).
 Case laws: It is known as judge-made law or precedent. Judgements are passed
by judges are a record as an important source of law. It safeguards the reliability
and certainty and development in the law.
 European law: It is a body of treaties that operates the legal system of European
Union member. It takes precedence over the national law and binding on
authorities.
Secondary source: It includes the law journals, legal Encyclopaedias, Parliamentary
law and non-parliamentary Documents.
 Law journals: It is a magazine that includes the news items, case decisions,
articles which are used by the attorneys.
 Legal Encyclopaedias: It is set of articles on the legal topics. The topics are
arranged in the alphabetical order.
 Parliamentary law and Non- parliamentary Documents: It refers to those
documents that are produced by the parliament and includes the bills, business
papers etc. Non parliamentary documents are not produced by the parliament.
Role of barristers, solicitors, judges: Solicitors meets with the clients and performs
the work of administration. Barrister expresses the case before judge. Judges evaluate
and interprets the law.
7

P2
A bill can start in both houses and approved in the same form by both houses before
Act of parliament. It has certain steps:
First reading: It is the first stage in which title of the bill is read.
Second reading: the objectives and principles of the bill are discussed.
Committee stage: In this stage, changes are made and the aim of the stage is to
examine the bill.
Report stage: In this stage, amendments and changes are done. The members of
committee examined the bill and report the decisions to House of Commons.
Third reading: In House of Commons no amendments are made. Changes are made
in the House of Lords.
Royal assent: It is the last stage in the procedure. The bill is declared by both houses
(Out-law, 2018).
Statutory and common law: Common law is advanced on systematic basis without
any cause. Statutory law is advanced by the government and codified into law codes.
Common law is amended by the statutory law while statutory law can be amended by
the separate statute (Key Differences, 2017).
Role of EU: The state members set institutions to which they delegate their sovereignty
so that decisions on matters can be made at the European level.
8

M1
The concept of law reform is wide. It means the system in which law is modified and
shaped to reflect the social values in societies. To bring the effectiveness of the legal
system various laws and regulations are to be created that helps to ensure the
objectivity of governments and high quality of expansion. There is need to make the law
regarding the legal aid, system, tribunals must be established to settle the case and
technology must be updated according to the environment. The agencies are court,
parliament, law commissions which are law-making and enacted into legislation that
helps in bringing the effectiveness by making the different policies laws for the
betterment of administrative power.
9

D1
English legal system can be evaluated by its advantages and disadvantages. English
legal system is flexible as it can be changes according to the need and environment and
laws can be implemented according to it. It is more responsive and faster as it provides
the effectiveness. It has a certain disadvantage such as it lacks review as the court
does not have resources or time review to make changes. English legal system can be
overridden by the different legislation at any time. For the proper working of the legal
system, system of judicial regulatory must be active that helps to enforce the law
(Lawgovpol, 2015).
10

Section 2 Impact of the law on business organizations
P3
a.
i. Occupational Health and Safety: The owner is responsible to provide the effective
working environment to employees. The Occupational Health and Safety Act, 2004
governs the conduct of an employer to provide the safe and healthy working
environment at the workplace. It also imposes the liability on the owner in terms of
dispensing danger to safety, health and welfare of employees (Koskela, 2014). Health
and safety at work order, 1978 provides:
 Provides the safe and clean workplace.
 Ensures that machines are in working condition and are safe for workers.
ii. Workers compensation: The Workmen's Compensation Act, 1906 provides the
compensation scheme to employees who faced the issues related in terms of
performing any task at the workplace. The employer is liable for providing the effective
measure in terms of safety and health at workplace.
iii. Harassment: It is a form of discrimination under the Equality Act 2010. When any
employee is facing any harassment at the place of work by somebody and employer is
responsible for legal obligations to resolve the method. The legislation such as
Harassment at workplace act 1997 is liable for taking actions in order to avoid the
activities that amount to the annoyance of any employee(Mondaq,2011).
11

iv. Equal opportunity: Equality means treating every person equal, there is no
discrimination on the basis of gender, religion, caste etc. The Equality Act, 2010
provides the responsibility of employer in order to make no discrimination among
employees at the workplace. It also imposes the liability on employer for separating or
recognising any behaviour or conducts those results in discrimination among
employees.
12

b.
The facts of the case are in which girl is engaged at a food outlet. During the work she
skated on ice-machine and injured herself. Unfortunately her hand went into hot oil and
sustained burns. In this case, Health and safety at work 1974 apply here which states
that there is a breach of condition of employment contract. The employer fails to
perform his duties that is providing a safe and healthy environment at workplace. He is
liable for not taking proper care to provide the safe environment for employees.
Employer is failed to perform the risk assessment and negligence on the part of
assessment proves his negligence as instead of doing his task he was indulging in
performing activities that have resulted in injury to employee (HSE, 2018).
13

M2
The legislation, regulation and standards have framed according to the working
environment. Employment law has an effective impact on the working condition of
workplace. The employer is required to follow the terms that are given in the legislation
and regulation.
In the above problem, the employer is liable for providing compensation to a worker
who has injured at the workplace. He is also liable for not maintaining standards,
policies that result in injury and sustained by the employee due to negligence of
employer. Other legislations such as environmental law that includes the duty of
employer towards the environment that must be safe and without risk. Health and safety
act determines the health, safety, welfare at the workplace.
14

Section 3 Legal solutions to business problems
P4
Problem 1
The problem relates to the employment law. The facts f the case are in which Calvin is
employed in the fashion house. Donna is owner of that firm and she finds that £ 100 is
missing. Calvin is working from last four years. Donna dismisses the Calvin from the
place of employment.
It is determined that the fact is unfair and unreasonable. The employer should provide
the notice to employee. It is the case of unfair dismissal in which worker is discharged
and he has right to claim. The parties can avail the rights such as compensation must
be given for the unlawful discharge (Net lawman, 2018).
Problem 2
The problem deals with the sum of policy. The facts are in which Dan owns a shop that
was damaged by fire , later on he opens another shop and he needs the insurance
policy for that shop. Company makes a proposal and question was raised about the
policy. Dan replies no. and company did not pay the sum of insurance.
It was asserted that Dan has taken the policy so they refuse for it. Dan has legal right to
receive the amount of policy as he has bonafide intention. The innocent
misrepresentation was done on the part of Dan. He did not conceal any information
from the company under the fraud act, 2006(Law Teacher, 2018).
15

P5
Different law, regulation, standards help to settle the cases. Employment Right Act,
1996 helps the employee in case of wrongful dismissal. In the case of Chagger v
Abbey National plc. & Hopkins chagger discharged unreasonably. Abbey and
Hopkins victimized the chagger on the ground of rejection. The tribunal ordered chagger
to restore. It was suggested that Calvin and Dan to resolve their disputes personally. If
they resolve their matter through the litigation, it involves huge cost.
In Eliza v ACE, Eliza took protection and proposal was made and Eliza replies no. The
firm advised the insurer to treat non-exposure and instruct them to restore the
procedure. From the case, it was determined that Dan should be aware of the facts
while replying. There were innocent misrepresentation and bonafide intention on the
part of Dan, so he has right to claim for compensation.
M3
The solution means providing a remedy to the parties. While providing remedy there will
positive and negative impact on the problem. In the case of unfair dismissal the owner
will not do fault of dismissal from the job without providing notice to the worker. It is a
positive impact. In the case of insurance policy the people who follow the policy they
must be aware of facts while making the proposal for insurance. They reply proposal
unintentionally, it is a positive change. On the other hand, the relationship between the
employer and employee get poor. They would not be in a situation to keep faith with
each other.
16

D2
Solution can be available to parties in the way of remedy. If there is an infringement of
rights of parties, solution is provided to them. The dispute can be arising between the
parties. The remedy will be through litigation and ADR. Parties who adopt the litigation
method, they have to wait for a long time. It incurs the high cost as it involves the whole
procedure. In the Alternative dispute resolution, parties can easily settle their matters
through its methods. It is a formal method in which neutral party is appointed and he
helps the parties to reach the solution. It includes the conciliation, mediation, arbitration.
17

Section 4 Recommending appropriate legal solutions based upon alternative
legal advice.
P6
A.
Alternative dispute resolution: It is the system that includes the selection of a
process that helps parties to resolve their disputes without a trial. ADR is private and
confidential, less formal.
Benefits
 ADR provides the faster results and it is more flexible than the litigation
process.
 ADR helps to reduce the expenses as it offers the benefits to resolve the
solution.
 ADR does not involve the role of Jury , arbitrator provides the judgment to
the parties(Local court, 2015).
Forms
Mediation: It is an informal process that helps the people to settle their dispute without
moving to the court. It provides the quicker solution and incurs fewer costs(Resolution
Institute, 2018).
Arbitration: It is the procedure of bringing a dispute before a third party for resolution. It
is speedier and cheaper than court. The award given by the arbitrator is binding.
Conciliation: It is the process of resolving or regulating disputes through extra-legal
means. It brings both sides together to reach the solution.
18

B.
This case is related to the Alternative Dispute Resolution. There is a dispute between
the Antwon and Tyrell in which Antwon possessed the firm and Tyrell is the owner of
that company. They hold a business of computer software and use to predict the
market. They want to maintain the relationship .It is required to take decisions for
solving their matter which is beneficial for both parties. According to the facts, the
mediation is the solution for them. It helps in the business problems and provides them
an easy solution.
19

M4
Conciliation Mediation
 It is a mechanism that classifies as
an ADR.
 A conciliator happens to be trained
in field in which he tries to
adjudicate the matters.
 Conciliation ends with a settlement
agreement between the parties.
 In this, third party acts as the
facilitator.
 It is a mechanism that is approved
by parties involved in conflict.
 It is an expert in techniques of
negotiation as he tries to make the
parties to reach a solution.
 Mediation concludes with an
agreement between the parties
concerned.
 In this, the third party acts as an
evaluator, intervener and facilitator.
20

D2
The solution means providing a remedy to the parties. It can be provided in two ways
litigation method and ADR method. The parties have the option to choose it. Litigation
method is available to resolve the matter from a separation. It is used when parties are
unable to reach an agreement through negotiation. It follows the whole procedure and
involves each and every step. It incurs a huge cost. ADR provides the quick solution to
the parties. It is the system in which parties appoint an arbitrator that helps to settle their
disputes. It provides the decision to the parties and that will be binding on them. It
provides the various forms to settle the disputes such as mediation, conciliation,
negotiation etc.
21

Conclusion
It is concluded from the above report that English legal system is administered by
England and Wales and includes the civil and criminal division. The sources of English
legal system help to deal with case laws. The structure provides the solution regarding
cases in court. Different regulation and legislation helps in the business problem and
provide solutions for the disputes. The techniques of ADR are discussed that helps the
parties to reach the settlement. Methods of ADR also help the parties to settle their
dispute through various means. Seeking the redressal and solving the disputes helps to
improve the relationship between the business and organisations.
22

References
HSE, 2018. Health and Safety at Work etc. Act 1974. Available at:
http://www.hse.gov.uk/legislation/hswa.htm [Accessed on: 29 January 2018].
Key Differences, 2017. Difference between Common Law and Statutory Law. Available
at: https://keydifferences.com/difference-between-common-law-and-statutory-law.html
[Accessed on: 29 January 2018].
Koskela, M., 2014. Occupational health and safety in corporate social responsibility
reports. Safety Science, 68, pp.294-308.
Law Teacher, 2018. Fraud Act 2006. Available at:
https://www.lawteacher.net/acts/fraud-act-2006.php [Accessed on: 29 January 2018].
Lawgovpol, 2015. Common law – advantages and disadvantages. Available at:
http://lawgovpol.com/common-law-advantages-disadvantages/ [Accessed on: 29
January 2018].
Lawgovpol, 2015. What is legislation? Available at: http://lawgovpol.com/what-is-
legislation/ [Accessed on: 29 January 2018].
Local court, 2015. Benefits of alternative dispute resolution. Available at:
http://www.localcourt.justice.nsw.gov.au/Pages/adr/benefits_adr.aspx [Accessed on: 29
January 2018].
Mondaq, 2011. Protection from Harassment Act 1997.Available at:
http://www.mondaq.com/uk/x/152946/Discrimination+Disability+Sexual+Harassment/
Protection+From+Harassment+Act+1997 [Accessed on: 29 January 2018].
Net lawman, 2018. Employment Rights Act 1996. Available at:
https://www.netlawman.co.uk/ia/era-1996 [Accessed on: 27 January 2018].
Out-law, 2018. Procedure for passing laws in the UK. Available at: https://www.out-
law.com/page-7622 [Accessed on: 29 January 2018].
23

Resolution Institute, 2018. Mediation. Available at:
https://www.resolution.institute/dispute-resolution/mediation [Accessed on: 29 January
2018].
Slapper, G. and Kelly, D., 2013. The English Legal System: 2012-2013. Routledge.
24