Business Law: Analysis of English Legal System with Marriott Hotel

This report provides a comprehensive overview of the English legal system, its structure, and sources of law, with a focus on its implications for businesses, particularly Marriott Hotel. It details the hierarchy of the court system, recent legal reforms including Acts like the Equality Act and Cyber Security Act, and the impact of these changes on business operations. The report also covers key areas of law such as company law, contract law, and employment law, explaining how these laws affect businesses. Furthermore, it discusses the role of quasi-legal authorities like ombudsmen and tribunals in resolving disputes. The report contrasts the UK legal system with that of the United States and examines provisions related to contract termination and judicial independence. The document concludes by emphasizing the importance of businesses adhering to legal standards and regulations for sustainable growth and compliance.

Business law

Contents
Introduction......................................................................................................................................4
Part 1................................................................................................................................................5
LO1 & LO2......................................................................................................................................5
P1.....................................................................................................................................................5
P2.....................................................................................................................................................6
M1....................................................................................................................................................7
P3:....................................................................................................................................................8
M2..................................................................................................................................................10
D1..................................................................................................................................................11
Part 2..............................................................................................................................................12
LO3 & LO4....................................................................................................................................12
P4)..................................................................................................................................................12
P5...................................................................................................................................................14
M3..................................................................................................................................................15
P6...................................................................................................................................................16
M4..................................................................................................................................................17
D2..................................................................................................................................................18

Conclusion.....................................................................................................................................19
References......................................................................................................................................20

Introduction
This report gives the clear description of the English legal system and its structure and sources of
law. The hierarchy of the court is defined that is controlled by the highest authority of the
system. The recent reforms and developments take place in the country are also described as are
followed by business organizations of the country. In whole report, provisions are explained on
the basis of Marriott hotel. The norms and laws of the country are followed by the hotel in its
business operations and functioning activities. The laws are explained by considering the matter
of civil as well as criminal cases. The arbitration and mediation are also explained as the
alternative legal dispute method recommended by the parties.

Part 1
LO1 & LO2
P1:
Constitutions distribute, organize and regulate state power. Marriott hotel complies the unwritten
constitution which has no single written document that laid out the individual rights of citizens.
There is a number of sources in the constitution like written and unwritten.
a. The country has a governance of parliamentary in which Westminster Parliament is the
supreme body of law. Monarch is the head of the state whose role is ceremonial. The
parliament is divided into two different houses. House of Lords and House of Commons.
b. There are no powers in formal separation in the constitution of UK. The bodies and
persons are identified that makes up state branches are:
 Monarch, government ministers, Prime minister made up the executive branch.
 House of Commons and House of Lords made up the legislative branch.
 The judicial branch is framed by the monarch, qualified magistrates and judges.
(Hierarchy, 2018) .
c. The process is needed to be applied in the law formulation. The two kinds of the bill are
placed like private bill and the public bill before parliament.
 Private bills: These are non - government bills which are introduced by non-
ministerial members. The matters are related to the local interest, corporate and
individual affairs.
 Public bills: The bill is majorly concerned about the changes in law making.
(Hierarchy, 2018).
d. There are certain grounds in which judiciary can review the matters of irrationality,
illegality, legitimate, procedural impropriety and unreasonableness (Partington, 2016).

P2
a. The country has several international law obligations and a number of international
conventions and treaties. These are defined in written form where the participants are
bound by the certain procedures and terminologies. The government of country accepts
the obligations of treaties but there is no effect on the supremacy of parliament.
b. In the hierarchy structure, Supreme Court is the highest authority that is the decision is
binding on other lower courts of the country. The hierarchy of the English court system is
described in below:
 Supreme court
 Court of appeal
 The high court
 The county court
 The family court
 The crown court
 Magistrate court.
e. In the English law system, judges are bound by precedent along with authority of
interpretation. The decisions given by higher court are applied in a lower court in the case
when facts and nature are same. Decisions are overruled when the higher court does not
provide a correct decision (Partington, 2016).
c. There are several numbers of specialist courts like coroners courts which investigate the
matter of violent, sudden and unnatural deaths. The urgent cases are solved in this court.
The cases which required urgent formulation are to be investigated in such court (Wilson,
et. al., 2014).
d. The quasi legal authorities support the Marriott hotel in solving the cases of dispute.
Ombudsman and tribunals are some legal authorities. Tribunals are special and
independent part of the system in the justice of Wales and England. Qualified
Ombudsman is appointed to solve the complaints raised in Marriott hotel (Wilson, et. al.,
2014).

M1.
There are many developments and reforms takes place in the country from last few years. The
new Acts were established in the country like Equality Act, information technology act, cyber
security Act, Environmental protection Act made a good impact on business organizations as
well as Marriott hotel. The legal system provides certain concession in court fees for many
people by which common public can easily access the facility pf court. The Acts like cyber
security gives protection of security and safety to business organizations and other individual
people of the country. The digital technology made the litigation process very effective and easy
for court and concerned parties to solve the case in minimum time (Company debt, 2017).

P3:
Company law: As per the companies Act 2006, the company is the basic legal vehicle to set and
organize to run the business. The UK was the first country to frame the modern statutes of the
corporation. Board of directors plays an important role in functioning the business of Marriott
Hotel.
Contract law: In regular business activities contract law is mostly used by people by giving the
offer and acceptance. A contact is formed between one or more parties to discharge the contract.
In the case when any party breaches the contract he is liable to give the damages to another one.
Employment law: As per the employment rights Act 1996, which provides the relationship
between employees and employers. It regulates that expectation of employers from workers,
their rights and powers at work (The judicial office international team, 2016).
e. Yes, there are certain emergency powers given to the executive which are described in
the Civil contingencies Act 2004 and are divided into two kinds:
 Emergency power: in this part only emergency powers deal with and certain steps are
followed to solve such emergency.
 Local arrangements: certain local arrangements are taken to protect the safety of local
level civilians
f. Human rights are not completely protected by the constitution due to before the
enactment of human rights Act 1998; common people are not to be allowed to make the
complaint as per the violation. But after the enactment people are liable to make a
compliant. Some rights are protected by ECHR are not proper which means to exercise
the law is limited in given circumstances like:
 Article 8 ( the right to respect of family and private life)
 Article 9 (freedom of conscience, religion and thought)

 Article 10 (freedom of expression)
 Article 11 (freedom of association and assembly)
g. The constitution is amended when certain changes are required to be implemented by the
permission of authorities. This is not the complicated but somehow lengthy process due
to permission from higher authorities’ takes time to decide. The constitution is the
unwritten form it has growth over time in ad hoc basis.
h. Wales and England have a common legal system that is established on the basis of earlier
cases and law framed by judges. This is originated in the reign of King Henry II at the
time when several customary cases were replaced in new laws and followed by all public
of the country. Due to the result of EU legislation, certain modern laws are followed in
the whole country (Partington, 2015).
i. Acts lay down by Parliament and case laws are considered as the domestic sources of
law. The country has an unwritten constitution and there are several important elements
re found which are enacted by the parliament.
 European Communities Act 1972: This incorporated the EU legal system of the country
into domestic law.
 Human rights act 1998: This established the ECHR into domestic law and give rights to
citizens to demonstration and hole the meetings in public places.
j. Constitutional reform Act 2005: This reformed the Lord Chancellor office by shifting his
powers as judiciary head to chief justice. It also formed the Supreme Court and a new
judicial Appointment committee (Partington, 2015).

M2.
Legislations: These are norms and laws which are enacted and framed by the legislature of the
country. The Marriott hotel has to follow all legislations of the country in its functioning and
business operations for better growth and improvement. Laws framed by legislations are not be
questioned in anyway. These laws are applicable in the whole country and every business units
of the particular country. For the best implementation of the legal system, these are required to
be supported by the legislations and rules (Deloitte. 2017).
Regulations: These are regulatory guidelines that are established for controlling, examining and
monitoring the law framed by the legislature. For the better implementation of law, these are
regulated by standards and rules of the Government.
Standards: These are the benchmarks which are framed by the higher authorities to scrutinize
the regulations functioning. It is important to develop several required standards related to the
specific law.

D1.
The legal system of the United Kingdom is compared with the legal system of United States. The
case laws and common laws are the basis of UK system on the other hand legal system of the US
is a critical organization of state and federal governmental divisions. In order to get the
knowledge of the legal system of the US, there is a requirement to know about the rules, laws
and regulations of the country. The constitution of the country is the highest law in the world.
The hierarchy structure of the UK has described in a definite form in which Supreme Court has
the highest authority which decision is binding on other lower court of the country.

Part 2
LO3 & LO4
P4).
There are various provisions regarding termination of the contract of an employee. As per the
provisions of the Employment Rights Act, 1996, it is essential for an employer to follow the
norms specified under this act. An employee can be terminated by the employer when such
employee is unable to meet the standards required for the service. The grounds of termination are
also specified in this act. It is an obligation on the employer that a notice must be served to the
employee specifying the reason for removal before the specified time (Legislation.gov.uk, 2018).
It is significant for the organisation to manage the available resources properly. This will keep a
control over the expenses of the company. It is recommended that a budget is prepared for every
operation as this will prevent the organisation from insolvency and liquidation.
a).
Judicial Independence and separate powers are provided by the constitution of the UK. This
independence is provided by the Constitutional Reform Act 2005 as no there is no involvement
in the judicial decision. The points given below will help in providing a clear insight:
 Judges are appointed by a commission, named judicial appointment commission which is
not affected by the political aspects of the nation.
 Senior Salaries Review Board calculates and fixes the salary which is paid out of the
consolidated funds.
 Parliament doesn’t have the authority to interfere in the pending case of any court in
accordance with the theory of sub-judice.
b).