Business Law: UK Legal System, Contract Law & Bishop’s Gate Hotel

This report provides a comprehensive discussion of various concepts in business law, focusing on the UK legal system. It examines the historical origins and unwritten nature of the UK constitution, the separation of powers, and the sources of law, including legislation, judiciary decisions, and European Union laws. The report also analyzes the application of statutory and common law, highlighting the parliamentary form of governance and the principle of stare decisis. Reforms in the legal system, such as the creation of the Supreme Court and the Ministry of Justice, are discussed in terms of their effectiveness. The report further explores contract law, including its application to employment contracts and the implications of employment and company law. It considers legal exceptions, human rights, and the obligation to provide a safe working environment, referencing the Employment Rights Act 1996. The impact of legislation, regulations, and standards on business undertakings, particularly in the context of Bishop’s Gate Hotel, is also analyzed.

Business Law

Table of Contents
Introduction......................................................................................................................................3
LO1 & LO2......................................................................................................................................4
P1.................................................................................................................................................4
P2.................................................................................................................................................5
M1................................................................................................................................................6
P3.................................................................................................................................................7
M2................................................................................................................................................8
D1.................................................................................................................................................9
LO3 & LO4....................................................................................................................................10
P4...............................................................................................................................................10
P5...............................................................................................................................................12
M3..............................................................................................................................................13
P6...............................................................................................................................................14
D2...............................................................................................................................................17
Conclusion.....................................................................................................................................18
Reference:......................................................................................................................................19

Introduction
This report is prepared to provide the discussion regarding the various concepts used in the
business law. The Bishop’s Gate Hotel is taken into consideration to explain the concept related
to the constitution and the various sources that are based on the principles of the common law.
The effectiveness in terms of the legal system and their application is also provided in this report
to develop the effective understanding of the concepts used. The approaches used in the
alternative legal solutions are also provided in this assignment to explain the legal consequences
and the considerations. It is presented in the report that every form of the branch consists of the
certain authorities which are responsible for the execution and the solution of the cases. The
sources in the English legal system are explained in the report thoroughly.

LO1 & LO2
P1
The effectiveness is provided in terms of the constitution regarding the application of the legal
system. The constitution reflects the historical origin which prevails in the country. The form of
the functioning is in unwritten form. In other words, the rights of the individuals are not provided
in the written manner. Hence the powers which are an exercise in the Bishop’s Gate Hotel are
also not mentioned in the constitution in the written form (Martin, 2013).
The functioning of the UK legal system is such which provides the judges with an authority in
regards to interpret the laws made but their regulations are generally bounded by the precedents.
The power regarding overrule is provided in the case where the decision provided by the body
proves to be wrong in the case held after in the same or the other superior courts.
Sources of Law
There are various sources of laws which are used for formation of new laws or making
amendments in the old laws. The constitution of the UK consists of the separation of the powers
in three forms which are executive, legislature and judiciary. Every form of the branch consists
of the certain authorities which are responsible for the execution and the solution of the cases.
These sources are as follows:
Legislation: This is the foremost sources as in the UK; Parliament is considered the chief
authority of the legal system. These laws are enacted by the parliament and are applicable on the
whole country unless specified. The legislative process which is followed in the working and the
functioning of the UK legal system provides the reading which is used in the formation of the
business laws. The two forms of the bill are used in the legislative procedure. The public bills
consist of the laws which involve the interests of the public only. In the other case, the private
bills are introduced which are introduced by the non-ministerial bodies working in the
Parliament (Slapper and Kelly, 2013).
Judiciary: One of the main sources of law is judiciaries. It is the decision taken by the superior
courts and judges in the past times. These decisions are considered while making decision for
current cases. There are involved the doctrines which help in reviewing both the executive and
the legislative actions. The reason which helps in reviewing the process is related to the illegality
and the irrationality. If the provisions formulated are such which proves to be illegal or irrational
then in such case, the actions can be reviewed.
European Union Laws: These are the laws of European Union which are referred while
developing a law as new laws are required to be constant with the union laws. The regulations
related to the European Treaties are provided in the functioning of the European laws. These
involve the treaties such as Treaty on the functioning of European Union 1957. The subjects and
treaties on the basis of which the international laws are based cover the form of Parliamentary
supremacy (Taylor and Emir, 2015).

P2
The form of governance helps in the smooth working of the laws. Here in, the UK uses the
parliamentary form of the governance. The head authority used in this case is Westminster
Parliament. It basically consists of the Head of State which is the monarch and is unelected. The
monarch is considered to be a body which helps in occupying the position by the birth only. In
the same way, the structure is also followed in it which consists of both the House of Commons
and the Lords. Laws are made according to the needs of the economy or wherever the control of
law is required. Debates are organised for both the Houses for discussing the issues that seeks
control of law.
The draft of the law is made by the Government after the debate is ended. For this, Government
can constitute a committee which directs the process of enactment of the law. The prepared draft
is forwarded to both the Houses of Parliament and after the approval of the houses; it is then
forwarded for the approval of Monarch. It is enforceable when it is notified in Official Gazette.
Application of Statutory Law: These laws are essential part of the legal system of the UK.
These are the laws which are enacted by the Parliament which is considered the chief authority in
the UK’s legal system. While making law, a committee is constituted for making and monitoring
the functioning of the law. This committee also invites views of general public and society and
debates regarding the rules and regulations of such laws. These laws cannot be challenged by
anyone.
Application of Common Law: These are the laws which are made on the basis of previous
judgments passed. As it is well known that the legal system of the UK is based on the principle
of stare decisis which means that the decision of the superior courts and judges will be
applicable on the lower courts and their judges. Same is in this case, as the decision made by the
Superior Court is referred to by the lower court at the time of issuing a verdict.
The hierarchy and the set process are used in by the organisation to solve in the cases involved in
the functioning of Bishop’s Gate Hotel. The court structure followed in by the company helps in
the settlement in an effective manner. In the functioning of the court process, the highest
authority is the Supreme Court which is used to solve in the cases. In the same way, the
subordinate’s courts are also involved to solve the dispute.

M1
The effectiveness is enhanced with the reforms involved in the working of the legal system. The
structural variations help in enhancing the productivity of the legal rules and the obligations.
This helps in reduction of the fees and the development of the centralized rules and the
regulations. The effectiveness is attained in the form of the increased understanding which helps
in the working of the laws in a more effective and the efficient manner. The individuals who are
poor are benefited with these reforms. The effective legal system helps in the business to develop
the effectiveness and the rules that improve the legal functioning of the economy (Taylor and
Emir, 2015).
Effectiveness of the legal institutions
There have been significant changes in the structure of the legal system of the UK. Creation of
new bodies along with the updation in the old bodies was part of this reformation process. This
can be understood with the help of some examples like: Conversion of House of Lords into the
Supreme Court in year 2009, Department for constitutional Affairs was replaced by the Ministry
of Justice in year 2007. Various courts like family courts, country courts were also established
during this phase (Partington, 2016).
Effectiveness of the legal procedures
Reforms are necessary for the effective working of every system. Some procedural changes were
also implemented for enhancing the effectiveness of the English Legal System. Establishment of
private bodies played a vital role in serving justice. In today’s time, use of digital technology is
also implemented into the working of legal system which reduces the burden of work of the court
and the professionals related to it.

P3
The laws related to the contract provide all the functioning related to the formation and the
breach of the contractual regulations. The contract laws help the individuals to work in the
related areas.
Contract between employer and the employees: The provisions of contract laws are also
applicable on the employment contract along with the provision of Employment Rights Act,
1996. All the terms and conditions of the service is specified in the contract i.e. tenure of service,
remuneration, ground of removal, etc.
However, there are some other laws which are also applicable on the organisation and the
personnel related to it.
Employment law: The functioning of these laws forms the part of the regulations related to the
employment rules and the policies. The regulations provided in this help in the providing the
number of the rules related to both employer and the employees. Employment law deals with the
provisions which help the individuals to save them from the various risks related to the
organizational working and the environment (Barnard, 2012).
Company Law: Company law is executed in the year 2006. The basic functioning and the
provisions are provided in terms of the incorporation and the liquidation of the company. The
company law also provides the functioning in related to the appointment and the resignation of
the directors. It is also considered to be a distinct entity which helps in guiding an individual
regarding the application of the laws related to the companies.
Legal Exceptions
These are the situations where the provisions of contract law are not followed as in specified
manner. Situations like termination of the contract or updation of the contracts, in case of
emergency. There are emergency powers provided to the employer and the organisation in the
UK. These are related to the emergency situations and the process used in the implementation of
the laws. Further certain local arrangements are also provided to deal with the cases that help in
providing the safety to the locals.
There are situations where the right of the employees is affected in the course of employment. It
is significant that employer and the organisation must have information regarding the human
rights. It is analysed from the UK economy that the laws which are related to the human rights
are not protected in the case when the Human Rights Act is not formulated. But after the
introduction of the act, the rights are formulated under the functioning of the act. This also helps
in providing the safeguards to the individuals.
Working Environment
It is the obligation of the employer to provide healthy and safe working environment to the
workers. This is also specified under the Employment Rights Act, 1996. Moreover, the working
hours are also specified in this act along with the wages for overtime.

M2
The legislation, regulations and the standards help in the business undertaking to formulate the
laws accordingly. The regulations are considered to be an international trading system which is
formulated in the functioning of Bishop’s Gate Hotel.
Impact of the legislations:
In the same way, the legislation is also considered to be a higher authority evolved in the
economy (Difference Between, 2018). The legislation helps in the development of the global
opportunities in the market. The standards help in the measurement of the expectations which are
formulated by the countries.
Impact of regulations:
The regulations which are imposed by the government affect the legal functioning of the
economy. The functioning related to the imports and the exports are provided in it. These are the
policies which support the implementation and working of the laws made by the legislature.
Impact of Standards:
These are the benchmarks set for the monitoring the performance of the laws and its supporting
regulations. Standard ensure the effectiveness of laws and sometimes, these standards are set for
the safety of public.

D1
In this task, the effectiveness is explained in terms of providing the comparison among the
Chinese English Legal System and the English Legal System. The difference is involved in the
areas which help in the effective functioning. The legal system which is evolved in the UK
generally follows the system which covers the common law principles. But when taken the case
of the Chinese legal system then the same principles are followed but functioning is not on based
on the stare decisis. In the functioning of the UK legal system, the sources used in arelegislation,
precedents, etc. wherein the Chinese system consists of the People Republic of China. The
functioning which is followed in the by the lower and the higher courts are not same which is
followed in the China ruling (Nelken, 2017).

LO3 & LO4
P4
Business environment attracts various issues and the market of the business sector is
unpredictable. For the performance of the tasks and accomplishment of the organisational goals,
companies hire effective and efficient employees to earn more profits and expand their business.
Terminate of the contract
If the employee does not stand up to their expectations company has a right to terminate the
employee. The condition to terminate the employee is that the company has to give a prior notice
to the employee with the reason for their termination. If the company does not follow the proper
procedure to terminate the employee then that termination would be held as invalid termination
and the company has to take back the employee. The Employment Act protects the employee
from any sort of discrimination against them by the company or the employer. Bishop’s Gate
Hotel also needs to follow all the laws which are set up by the government if they need to
terminate an employee because of the reason of his/her performance.
Rescue form Insolvency
The company must protect themselves from insolvency and liquidation if the company has to run
smoothly and survive in the market. If the company is not able to cope up with insolvency or
liquidation then it would become difficult for the company to survive in the market.
This can be managed by making a budget for every operation of the organisation and allocating
the resources accordingly.
Liquidation
It is a process of dissolving the company. If a company is unable to pay its debts then, the
creditors or the members have the options to apply to the court for liquidation of the company.
Such process of liquidation is independent as the constitution provides a provision for an
independent judiciary. Under section – 3 of Constitutional Reform Act 2005 guarantee for an
independent judiciary is being given. The main reason for theindependence of the judiciary is the
fairness of judgment. If the judiciary would not be independent then the decisions might be
biased and not according to the rules and regulation set up by the government. If Bishop’s Gate
Hotel has any legal dispute they can rely upon the judiciary to get perfect resolution. (Brooke,
2015)
Moreover, Bishop’s Gate Hotel has its operation in the UK where the legal system is adversarial.
The court uses adversarial system to hear the dispute. In adversarial method both the parties have
to present before the judge and present their appeals before the judge to prove the innocence of
their clients. The advocates use relevant evidence to prove their points in the court. After the
presentation of both the parties,judge decides what needs to be done in the matter by examining
the arguments of the parties.

There are some other provisions which must be understood which are as follows:
Gathering Evidence:
There are two types of cases:
1. Civil Cases: In such cases, all the parties who are in disputes gather the evidence which is
in favour of them to prove their innocence. In front of the court.
2. Criminal Cases: In these cases, the evidence are gathered by the authorities who are
appointed to handle the case. The evidenceis to be presented before the court to prove the
party guilty or innocent.
If Bishop’s Gate Hotel is involved in any of the cases then they have to follow the similar
procedure of gathering the evidence.
Examination of Evidence before trial
Examination of evidence differs from the type of cases for e.g. in civil cases examination is not
done for the evidence produced over here. On the other hand in criminal cases, evidence is
examined properly by the court.
Public hearing/trials
Trail/hearings are open to the public when they are conducted in courtrooms. If it is required
court can conduct the hearing or part of hearing with the presence of only the parties to the case.
In criminal cases, parties have an option of getting the hearing done in private but for that, they
have to submit an application in court minimum 5 days before the hearing.

P5
Application of the Company Law:
If a company is to be set up then there are set of rules and regulations which are to be followed
by the company and they are mentioned under Company Law. Companies can raise the amount
of capital by issuing shares in the market for the general public to invest in the company. All the
companies have to follow the procedure prescribed by the law. Bishop’s Gate Hotel also has to
follow the procedure of Company if they have to do any sort of changes or implementation in the
company. Prior planning done before conducting anything can help the company to save
themselves from liquidation and insolvency.
There are provisions regarding the raising capital for managing the operations of the company by
issuing share in the market.
There are some other laws which must be understood by the company. These are as follows:
Restrictions on Trials
If parties want to restrict the trail to be published they can make a request to the court about the
same by providing a valid reason for the same. The decision is upon the court that whether it
entertain the request or not.
Main Functions of Trial and important parties to the cases
The trails are a part of the cases where court after hearing the parties finally passes the judgment
for the case. In trial parties again get an opportunity to prove their innocence in front of the court.
After the final chance, the judge after examining the facts and circumstances passes the judgment
and the awards the punishment (Indiana Judicial Branch, 2018).
The main parties to trial are respondent and defendant.
Main functions of the trial are:
 To provide correct judgment.
 Examining the facts before passing judgment.
 Awarding sentence to the wrongdoer.
Bishop’s Gate Hotel can be considered as a party in a case if they file any case or any case is
filed against them.
Role of Judges and Counsel
There are several roles of judges and counsel in a trial. In a jury trial, judges hear the arguments
of both the parties and the opinion is given by them. In such cases, they do not have right to pass
a judgment. In a benchtrial, the judge has the same work as they do in a jurytrial but here they
also pass the judgment in the case. Counsel plays a major role in a trial they protect their party by
arguing in front of the judge. They try to prove the innocence of their clients by proving the
points with the help of evidence (Students’ Legal Assistance, 2018).