English Legal System: Sources, Business, Legal and Regulatory Analysis

This report provides a comprehensive overview of the English legal system, exploring its sources, including legislation, common law, European Union law, and the European Convention on Human Rights. It examines the role of the government in making and applying laws within the justice courts, detailing the functions of the legislative, executive, and judicial branches. The report critically evaluates the effectiveness of the legal system, considering recent developments and reforms, and analyzes various types of businesses, such as incorporated and unincorporated businesses, assessing their legal formation, management, funding, advantages, and disadvantages. Furthermore, it differentiates between standards, legislation, and regulations, illustrating their impact on businesses and highlighting the influence of company, employment, and contract law. The report concludes with recommendations for businesses and a discussion of legal solutions for resolving disputes.

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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
TASK 1............................................................................................................................................3
Explaining various source of the law used in English Legal system and role of the government
in making and applying these in justice courts-..........................................................................3
Critical evaluation of effectiveness of legal system and laws in term of recent development
and reform-..................................................................................................................................5
TASK 2............................................................................................................................................5
Investigation of various type of business and critical evaluation how they are legally formed,
managed and funded. Assessing advantage and disadvantage of formation of the type of
businesses-...................................................................................................................................5
The difference among standard, legislation and regulation analyzing their impact on business.
Illustrating how company, employment and contract law has potential impact on business-....6
TASK 3............................................................................................................................................7
Recommendations-......................................................................................................................7
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Legal system is predominately the series of procedures as well as processes for analyzing
as well as enforcing the basic law. The English legal system is basically the law which has been
developed in England and this forms the integral part of UK legislation. The English legal
system is one of the highest authoritative law which forms the principle body and thus applies
across the whole nation. English legal system is thus the legal body which helps to take relevant
decisions and protect human rights. Main aim of this report is to understand the English legal
system and study the various legal structures along with its effectiveness and thus analyze the
various legislation with the help of some case laws.
This report gives a brief about sources of law, role of government in making common
laws, impact of employment as well as contract law on businesses, ways in which business
organizations are formed, ways in which business organizations are funded and legal solution for
solving various kinds of disputes.
MAIN BODY
TASK 1
Explaining various source of the law used in English Legal system and role of the government in
making and applying these in justice courts-
English legal system
The English legal system is basically the legal and law system of England as well as
Wales which mainly consist of criminal laws as well as civil laws where each branch has its
courts and procedures. UK is mainly divided into the four jurisdiction as per English legal
system which are England, wales, Scotland and Northern Ireland. There are mainly four sources
of English legal system which governs UK which are-
Legislation
Legislation is basically the law which is established by legislature. The most important
and significant pieces of this legislation are the Acts of parliament. Principle legislature in UK is
UK Parliament that is situated in London (Partington, 2019). Legislation is considered as the
principle body which has all the powers to pass laws which applies to four countries. UK
Parliament mainly comprises House of Commons as well as House of Lords. This source hence
forms the backbone of English legal system.

Common law
This is the another source of English legal system which is governing the legal system of
UK since ages. Legal system of the England as well as wales is mainly common law and thus is
law which is declared by the judges of UK and derived from precedent as well as custom. This is
mainly known by the name common as it applies across whole country that is UK. Common law
mainly includes both procedural rules and substantive rules (Elliott and Quinn, 2016).
European union
This is the another source of English legal system in UK and thus is the law system
which operates in member states of European Union. As UK is the state member of European
Union that means EU law basically takes the precedence over the UK law. Due to the member of
EU, laws of European union applies to United Kingdom as well and all the decisions or rules
practiced by European Union automatically applies to UK (Baker, 2019).
European convention on the Human rights
As a member of council of the Europe, UK is the signatory to European Convention on
Human rights. This act primarily came into force in 2000 and thus allows courts in UK for
protecting rights which are being identified in ECHR. This legal system usually protects rights of
the people within countries which belong to Europe council where UK is integral part
(Partington, 2019).
Role of government in making common laws
Government of UK plays an important role in making as well as applying these laws in
the justice court. IN UK, there generally three branches which make up these laws. Legal system
of the England as well as wales is mainly common law and thus is law which is declared by the
judges of UK and derived from precedent as well as custom. The firs one is legislative branch. In
this branch, government basically writes laws which later on are thoroughly discussed as well as
voted in the conference. Second one is executive branch. This branch is mainly responsible for
developing the draft laws where Parliament plays an integral part (Elliott and Quinn, 2016). In
the executive branch, Parliament basically reviews as well as passes the laws. The individual and
separate members of the parliament in UK introduce their draft laws from which few are passed
on to committee for implementation. In addtsion to that’s The other aspect of the scenario is the
fact that fines are considered to be a part of doing business by the corporate, and the civic
penalties that are occasionally levied against them is hardly enough to set example. The criminal

sanctions against corporate are not a common phenomenon and the experts believe that can be
more potent in deterring corporate misconduct. Last one is judicial branch where state as well as
federal government of UK operate within the respective justice courts. This main aim of this
branch is to apply the relevant law in order to resolve the particular conflict. In the justice courts,
the state as well a Federal government in judicial branch mainly decides that whether person has
committed crime or not and if yes, which will be applicable and what would be the punishment.
The political discussion mainly leads to drafting of the bill and are thus are formally introduced
in parliament. The government in UK initially issues the paper for the public discussion as well
as response. Initially the bills are drafted and later on are passed to the government for review.
Once the government reviews it, it passes on to the parliament for review. The bill prior to going
to Queen for Royal Assent goes through the House of Commons as well as House of Lords.
Once it is approved, it is thoroughly enacted.
Critical evaluation of effectiveness of legal system and laws in term of recent development and
reform-
The legal system wholly produced so that law making body can render appropriate law
that would be suitable and useful for the whole nation. The implementation process also could be
performed under monitoring of enforcement team of law departments. Overall mechanism of
justice rely on factor of legal systems. For having fruitful businesses, management of
organization must follow law of country so that they could do not fall into any judicial activities.
There are many developments and reforms in legal system which are stabilization of
macroeconomic, privatization and 'getting price right'. The new legal system, has been
implemented by government against the privatization, macroeconomic and price right which
allows business to gain various opportunities that can be gained by business for its success and
development (Lian-hong, 2019). With the help of legal system the government had created
several laws and regulation which must be followed by business so that they could safely
perform their business activities. This is helpful for companies to safeguard themselves from any
law dispute and could have proper legal system in their business. They also had various rights
under the new reform and development of legal system which is helpful for company to gain
huge competitive advantages in the marketplace. Business could also gain various opportunities
further top explore globally. The law and legal system plays a major role in the growth and
development of company. It is mandatory for every business to comply its business activities

legally so that they could have legal business frame work. There many developments and
reforms in the legal system and law which allows an individual with several regulations and laws
which could be further used for safeguarding themselves further from any lawsuits. Changes and
development in laws creates an opportunity to the individual so that they could create better
circumstances in business and could further operate business activities smoothly. Government
also plays a major role in the reform and development of the law and regulation (Rose, 2017).
There are wide range of legal rights and regulation are provided to the individual if law and
regulations are being updated and further reformed and this effect the overall nation to the great
extent. This is helpful for a country to create a better opportunities and development in the whole
nation through various significant changes and development through which a nation could grow
and enhanced more.
TASK 2
Investigation of various type of business and critical evaluation how they are legally formed,
managed and funded. Assessing advantage and disadvantage of formation of the type of
businesses-
Business is defined as company or enterprise engaged in the industrial, commercial or
professional activities. There are various type of business which are-
Incorporated Business-
Incorporated business, or the corporation is separate entity from business owner and
along with that has natural right (Neef and Nagel, 2017). Under this business owners are
protected from the liabilities which could occur during the business. Separate business tax is to
be filled by the owner.
Unincorporated Business-
Unincorporated business are generally partnership companies or sole proprietorship. In
this type of business owners are not protected from liabilities they are liable for each and every
liability which is being faced by them during business operation. Unincorporated business owner
could file one particular tax return.
How they are legally formed, managed and funded-
This business are legally formed and managed under the law and could be set up under
the initial cost as $60 for filing the article of incorporation, but the fee could depend on its state.
Add in the fee of annual filling for regulatory and government board and cost could enhance.

Along with that incorporated business should pay ongoing maintenance cost, that could include
detailed preparation of financial statement, accounting record and local tax & federal return
filling. Quarterly and annual reports for regulatory and government agencies. They should also
call, record and organize annual shareholder and corporate meetings (Haigh, 2018). This further
could include paperwork, as supporting and invitation document that should mail out. Additional
paperwork would be financial statement and reports which should go out to the shareholder. It
could raise its capital by sale of the business share. Or the partner in business could invest money
for capital in the startup of business.
Advantage and disadvantage of formation of type of business-
Incorporated business-
Advantage: In this business owners could not have any individual liability for debt of
incorporation. It has more access to the financial resource. Corporation could sell stock for
raising capital, gaining bank loans or the issue bond for the long term financing.
Disadvantage: Corporation is most complex business structure and require lawyer for setup.
Earning can be subject to the double taxation.
Unincorporated Business-
Advantage: They are easy to form. It can bring a group of people together with various talent in
responsibility of running business (Darbyshire, 2017). Partnership agreement is needed for
formation of business.
Disadvantage: Partners are exposed with unlimited liability. Partners have share in business, and
they are additionally compensated for their services and contributions.
The difference among standard, legislation and regulation analyzing their impact on business.
Illustrating how company, employment and contract law has potential impact on business-
Standard: Standard are established by custom, authority or the general consent as the example
or model. It is the set of related option and consideration. For bringing effective and best result in
peculiar specification that has been rendered from administration system so society couldn't be
harmed by business. Business house also provide safety and quality precautions.

Legislation: Legislation is law which have been promulgated by the other government body or
legislature or process of developing it. It is the set or law that is suggested by government and
made by the parliament official. It renders help to individual while set up new business or
running current company in nation (Thomas and McGourlay, 2017).
Regulation: Regulation are the rules which are made by government or any another authority for
controlling the way something is to be performed or way how individual behave. It is controlling
of the process or activity, generally by the mean of rule. It is mandatory for every business so
that it could not harm the national law and running system of administration.
This all has a positive impact on business growth and development. It hinders business
activity and operation to the great extent. Standard and regulation render structure, clarity to the
business function and operation and thus further they imply their business activity on set
business standard and regulation. The various legislation also help business to create new
opportunities for them in future and could have better growth option further.
Company Law: It is utilized for rendering benefit and help to organization so as they can abide
by government regulation and law. It could be general for organization by which they can protect
themselves from any liability or debt. Company has many legal rights under this law which can
be used by the for its further benefits. They could have smooth flow of business activities across
the world with the help of company law.
Employment Law: It is useful for giving protection to all of its employees who are working
under the company. This gives particular right that could be utilized in workplace so that
relationship among employee and employer could easily maintain (Partington, 2017). With the
help of these law employees could be safeguarded.
Contract Law: It states that for having an agreement or contract before conducting any
business. Dispute in business could be solved and settled so that both parties could no need to go
for the lawsuits. It safeguards an individual from having any fraud under the contract among two
individual, and they could have smooth flow of business operation among them and any threat
could be further detected.
TASK 3
Recommendations-
CASE 1
Issue

Maxwell and Angelica have entered into the contract with the consideration of £500 in order to
have the sale of a rare painting of Angelica. The former have made the initial 10% deposit of the
Amos in order to have the confirmation of booking as the finals payments ans delivery will be
taking places after the closing of exhibition which is shown in Birmingham. Before the
exhibition has its disclosure, the buyer have noticed that the Maxwell have negotiated to the
another client at the price of £900 (Ogawa, 2018.). Here is the identification of the major issues
that the Maxwell have attempted to breach the contract which is turning out to be lawful in cases
of Angelica.
Rule
The contract is considered to blindly applicable to have simply the agreements between two or
parties under the same specific level of consideration in more to have provision of goods or
respective services. The contract can be verbal long with been return in order to have easy level
of providence in more manner to deal with individualism in more perfect manner.
As the case is been followed, Maxwell have tried to breach the contract as the Angelica have
already paid the deposit amount along with applicability of reaming consolidation acceptance in
perfect manner. The breach of contract is been considered as situation where one party have
failed to fulfill all the condition an agreement long the competition of obligation such as the
break 'terms and condition ' are already being set out in that agreements.
Applicability
In this case there is major level of identification of the anticipatory breach as Maxwell have
unequivocal indication that there will not be performance of contract considerations, or a
situation in which future non-performance is inevitable. Angelica has the right to sue Maxwell
due to the breaching of contract (Fujiwara and Ogawa, 2018). As the Angelia have already made
the advance payments under the ability of contrast then she has the right to have the proper level
of reconnaissance that is been guarantee by firm due to the compensation of performance.
As there is to failure of the considerations so the angelic have the right to been impact of
innocent party in order to have the recovering the advance payment or deposit as it is considered
to be aquasi-contractual remedy.
The Angelica can have the proper level of formation of monetary legal remedies to be the
innocent party. She can also taken the level of alternative to have termination of contract as per
repudiation and claim for compensation in more to recover the losses which is been suffered.

Conclusion
From the above case it can be concluded that The contract is considered to blindly applicable to
have simply the agreements between two or parties under the same specific level of
consideration in more to have provision of goods or respective services. Maxwell have tried to
breach the contract as the Angelica have already paid the deposit amount along with applicability
of reaming consolidation acceptance in perfect manner. Angelica can have termination of
contracts by repudiation and claim for compensation in more to recover the losses which is been
suffered.
CASE 2
Issue
Nicholas was electrician by profession and happily marries with his two adult children in the city
of the Newcastle. During the last 3 years he has performed the job for the regents vision but due
to the issues of reconstructiveness and the course of the new castle branch without his concerned
he has been transferred to London. The former have refused to accept the proposal as to have
moved to London which has been resultant as the failure in his job. The issues are this case that
the company have not have level of consultation being involved in developing the new level of
jib offers to former. At last, due to rejection of proposal he has been terminated from his job.
Rule
The existence of EU laws states that the employee contracts of the employment must have the
transferability to the new employer in level of being unchanged (Kgoedi and Pillay, 2018). The
change or employee must be taken as there are services provision of changes with having certain
level of rights and obligation which is needed to be maintained by havering overall level of
developmental in signifiant way. Company have the obligation and Nichols have the right to
have the knowing all the certain level of information which is being retreated to its transfer. Both
the transferor and the transferrer should have the passing of information and consult the
employee or its representative about the transfer consultation.
Applicability
As per the article 7 the transferor should have proper level of consultation with Nicholas or the
employee representative with the view of far-reaching into aggrievement before the transfer
(Budd, 2017). These obligations havering application whether it is an undertaking controlling the
employer, rather than the employer itself, which is taking the decisions. With next to that the

Nicolas have the right to claim against the company under EU employments law as the
transferrer cannot have right of diminishing the Nicholas without giving him specific reasons.
The dismal can only be done as the per the economics, technicals or organizational reasons in
workforce which is considered to be grounds for dismal. As per the article 4 (1) member states
can have caverning to be specifies group as to not be protected from dismissal in national
legislation.
Conclusion.
From the above report it can be stated that Nicholas is performing the job for the regents vision.
Lately the former have refused to acceptance of the proposal as to have moved to London which
has been resultant as the failure in his job (Sirkin and Cagney, 2018). The company have the
obligation in terms of Nichols to inform the all the certain level of information which is being
retreated to its transfer. EU employments law as the transferrer cannot have right of diminishing
the Nicholas without giving him specific reasons. The dismal can only be done as the per the
economics, technicals or organizational reasons in workforce which is considered to be grounds
for dismal. Both the transferor and the transferrer should have the passing of information and
consult the employee or its representative about the transfer consultation.
CASE 3
Issue
Johnson have been working in the company of construction for the last 6 months have recently
fallen from the stairs of 3rd floor as the reason of railing being not properly fixed. He has injured
his back and knee at very worst consensuses and due to this he was out of job for 4 weeks. The
former is asking for compensation from the company (Thomas and Wright, 2016). The issues are
theta the company have refused to pay the about of compensation stating that the there have
already placed the notice on the boards at ground floor regarding be aware as the railing per not
been fixed. It is important to have that the major level of profession such as the construction is
the higher level of likelihood which can have relations of workplace injury so that ever employee
is being initiated to have the initiate level of compensation. The company of the Johnson is
having the refuse in over to compensation of four weeks regardless beware notice.
Rule
In the UK employers and business are the legal level of responsibility of the welfare and safety
of their respective staff and visitor. The large clause that the company have the compulsory of

the insurances (Employers Liability Insurance) and conform to Health & Safety regulations to
ensure that they meet those guidelines (Marsh, 2017). The claim for the wok injury is been
successful so the compensation would be paid for the insurance development. As per the role,
there can be calm for work accident as slip, fall, dangerous practice along with procedure along
with defective and poorly maintained. As per the case of Johnson, he has fallen from the stairs of
3rd floor as the reason of railing being not properly fixed.
Duties of employer
An employer must, so far as is reasonably practicable
keep information and records on the health and safety of employees
Obligations to health and safety reps & obligations with regard
Duties of employee
take reasonable care for their own health and safety
take reasonable care for the health and safety of others who may affected by their acts or
omissions
cooperate with anything the employer does to comply with OHS requirements
not 'intentionally or recklessly interfere with or misuse' anything provided at the workplace for
OHS
Applicability
As per the applicability of the role the Johnson have the right for the compensation as the have
faced the injury for more than 3 days in specific regression of back and knees. The company is
having the major level of obligation to pay the compensation amount (Adriaanse, 2016). As there
is knee injury, Johnson has the damage to the muscle, cartilage, soft tissue, that causes pain and
suffering, so he has right of this much compensation amount Up to £22,340. n the other hand the
back injury have the major issues as lumbar vertebrae, ligament or soft tissue damage, any
constant pain and/or any discomfort. The compensation amount which can be £10,670 –
£33,080.
Conclusion
From the above case it can be stated that Johnson have been working in construction
company had fallen from stairs of 3rd floor as the reason of railing being not properly fixed. He