Business Law Report: English Legal System, Sources, and Applications

This business law report provides a detailed overview of the English legal system, including its structure, sources of law, and the application of common and statutory law. It explores the roles and responsibilities of authorities in developing laws, the processes involved in enacting legislation, and the j...Read More

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
Section 1...........................................................................................................................................3
P 1. Structure of English legal system and different sources of laws.....................................3
Sources of law........................................................................................................................5
P 2. Application of enactment or individual law and duty of authorities during developing acts
................................................................................................................................................6
P 3 (a) Judicial responsibility of employers...........................................................................8
(b) Important impact of employment and contract law upon the business.............................9
Section 3.........................................................................................................................................10
P 4 Effective judicial solution for business issues................................................................10
P 5. Justification...................................................................................................................11
Section 4.........................................................................................................................................12
P 6. (a) Conception and advantages of Alternative conflict resolution................................12
b) Recommendation of effectual solution for different issues of business .........................13
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
In each and every nation, there is a separate law which should be followed by common
citizens. Such law can be designed to eliminate and remove all the criminals from society and
also protect people from wrong persons. Every country’s law is different from another nation and
so, people should follow these rules and regulations. Also, these laws and rules can be used and
adopted by companies who are willing to smoothly run the business in United Kingdom. Present
report is divided into various parts where at first, structure of English legal system and different
sources of legislation have been discussed. Along with this, the duty of government is to make
effective rules and norms has also been described in this project. Also, the application of public
and statutory laws of royal court are addressed (Wilson and et. al., 2014). In addition to this,
different types of acts are explained in this report along with various cases which is being
resolved in accordance with correct norms and laws imposed by legal bodies of United kingdom
such as occupational health and safety act, rules related to compensation and harassment and
many more.
Section 1
P 1. Structure of English legal system and different sources of laws
English legal system is also famed as European authorized framework. It includes two
legislation named as Civil and Criminal as well as have various processes and territorial
activities. Basically, it is applied in Wales and England, but at the same time, legal structure of
Northern Ireland which are adopted for known practices of the court. It has been examined that
English legal system is having a strong hierarchical structure in which Supreme Court which is
called as House of Lords that is existing at top level of hierarchy and its judgement which is
considered as final decision. Various courts are liable to respect and responsibility of their
judgement. Apart from this, decisional process of European assembly are not apply on internal
territory law (THE ROLE OF POLICY WITHIN LAWMAKING, 2017). The court of appeal is
present at second level which is under the assembly of Supreme Court and therefore, it is divided
into separation which are Criminal and Civil division. It can be noted that both are different from
each other which should be understood by these points:
Civil law Criminal law
It can be considered as a branch of authorities In this context, such norms and rules are used

that does contain in criminal laws and
legislations. It is commonly dealing with rights
and responsibilities of civilians and
associations existing in the United Kingdom.
Such coding system of rules was derived
historically to the Roman legislations. This
have to solve major issues and conflicts
situations which will occurs between
individual and harm to the business operations
which is happening on the daily basis in the
community (Slapper and Kelly, 2013). The
legal system is categorised into parts which are
legal and non-statuary laws.
for giving solution of these issues and
problems which are connected with criminal
activities or offences that are emerges in the
nation. Along with this, it also deals with
enquiry or interrogation for find out some
blameable person and catch him. Punishment is
also provided to those people on the basis of
their intensity of wrong person and find out the
evidence.
Therefore, it can be analysed that both the consultative bodies are dealing with different
situations but somewhere, the major key objective of both is same. It is nothing but given
penalisation to such person who is concerned with illegal activity and also developing
environment where there is no air of violence. Thus, legal players are adopting some offering
compensation to the victims so they can start their new life properly. This can be said that model
of European legal system has been formulated and developed in an impressive manner by
focussing on different essential factors such as role of people, fundamental obligation, rights of
common citizens, development of entire society and country in a proper manner (Ingman, 2011 ).
Therefore, English legitimate body is having large number of responsibilities for reducing the
social groups issues and problems and this will offers to people as protection covering so they
can safe from several condemnable actions such as attacks, exploitation, dishonest, etc.

Illustration 1: English Legal Materials
(Source : English Legal Materials, 2016)
Sources of law
Apart from this, one of the major areas which should be required for giving attention that
is the source of legislations. It can be determined that legal laws are developed for a long time
period and different things are answerable for its foundation that are discussed as follows:
 British Constitution - It is primary drawn by four sources which are known as common
law, authorisation works, statue law and parliamentary conventions. The main reason that
is stated that constitution is major source of law which are developing and creating power
among various lawful authorisation, subdivision of Federal administration scheme and
enforcement. Despite to this, it is also measure the clauses which is existing in articles
(Rembar, 2015).
 Case law - There are various number of cases that are identified at courts which can
influence the peacefulness surroundings of entire society. Thus, for reducing the problem
of common citizens, it is very important to enact different actions by taking care of all
rights of a person. Case law can be considered as one of the essential sources of judicial
system and the main purpose for set the free surroundings of discrimination and
dishonesty so everyone is proofed as equal.

P 2. Application of enactment or individual law and duty of authorities during developing acts
The government bodies play an important role in imposing and designing necessary laws,
standards, norms or principles within country. So, each and every one should be provided with
equal opportunities for their development. Main aim of legal system is to serve nation in an
appropriate manner without harming any person by determining necessary information and data.
It is not an easy or simple task for developing and designing laws for the whole nations as
if they gain wrong then this can contrary impact on entire people who are living in the country.
Therefore, for execution the correct and right legislation so the bill passes through different steps
then it is converted into common acts and actions (Hart and Green, 2012). It can be noted that
House of commons and Lords is liable for take effective judgement so that right one is enacted at
the end. But members present in such assemblies may be reject it, then this do not approved.
There are some main stages and terms related which are described as follows:
 Bill - It is nothing but still document which addressed the description of present rules and
regulations. This majorly categorised into three parts such as private, public and private
associate bill. So private member bill is basically presented by back bencher members of
legislative assembly (Sources of law, 2018). On the other hand, people who is impacted
the entire nation which is projected by cabinet for alter the acts of specific country and
surrender by green report. Private bill is became given by associates of local government,
large or small organisation.
 House of commons - They are compulsory persons of general assembly who are named
as MPs. Legislative bodies are elected by large number of public. Generally, they get
nominated in each upcoming five years by organising effective process of clean selection.
Sometime, they are elected certain members of constitutional bodies which gets
discontinue after particular time period.
 House of lords - It may comprises of life peers, genetic peers and higher level priest of
church who are presented in England. Generally, such are determined as supreme court.
It has been analysed that an effective stages is going to be followed by authorisation while
presenting latest or new actions or norms. There are various stages of designing law which are
discussed as under:
 First reading - In such stage, the subject or title of bill is became presented and get
introduced to read by home of commons.

 Second reading - In second stage, debate has been taken or amendments must be
organised here for getting aware regarding intention of correct bills. After that, voting
process is carried out for knowing the views of all MPs on such bill (English Legal
Materials, 2016). The main motive of this step is help in attaining support of political
parties so majority of association framed as indispensable reason to success in present
authorisation.
 Committee stage - in this stage, bill should be getting for presenting in the front of
House of Commons for doing concise investigation. On the other hand, more
amendments should be carried out in such step.
 Report stage - It can be considered as last discussion step in the context to the project
and the main reason of transferring this back to the home for achieving vote again from
employees or corporation of legislative assembly.
 Third reading - The bill is again presented in the front of house of commons for doing
less negotiation and after that last voting is going to be carried out (Posner, 2014). As per
the effect of these, invoice are gets accepted or disapproved by them.
 House of Lords - After that, bill has became transferred to the house of lords which
should be carried out in correct classification of all referencing steps and also such things
send to house of commons for the consideration of represent.
 Royal ascent - It can be determined as end stage in which final decision is taken by
sovereign and mainly focus on right information and figures, then they authorise the bill
official. After this, bill gets became acts of parliament.
Therefore, it has been analysed that above mentioned stages must be carried out in united
kingdom for making correct law in proper manner.

Illustration 2: THE ROLE OF POLICY WITHIN LAWMAKING
(Source : THE ROLE OF POLICY WITHIN LAWMAKING, 2017)
Application of Common and statutory law in court
It is that legal law which continuously reform the framework. The principle is fully
effects under the judicature or judgements. So, decision making must be carried out by legal
documentation according to the case present in the court. The case law has similar structure of all
over the jurisdiction.
Statuary laws having the written data formatting and it is under specific authorisation.
The structure of law keeps different from common and administration rules and regulations as
per the court decision. Public and private acts involves particular parts of united kingdom should
be included in their framework.
P 3 (a) Judicial responsibility of employers
 Occupational Health and Safety - It is multidisciplinary act which is display focus on
the safety, betterment and well-being of employees at work place by concentrates on
necessary need of personnels (Barkan, Bintliff and Whisner, 2015). According to this
rules, top authorisation of an enterprise is obligated for making positive environment at
work location which is free from all types of harm and dangers. Also it will make sure
that security or safety of an individual work in every venture.
 Employees compensation - It is nothing but an insurance company which is being
provided by association to their staff members in place of salary. For this, retirement,

reimbursement on the additional employed hours, medication-al advantage, job security,
etc. such act is entirely supported on surplus or given extra services or facilities regarding
working forces acting at authorised sites for meeting their desires and demand.
 Harassment - The main motive of this norms is to safeguard workers from all kinds of
exploitation, wrongful conduct occurring and dishonourable activities at work place.
According to this law, management and administration of firm is effort for safe the
organisation from any type of discrimination. While the same time, this act will provide
protection covering particularly to the female employees from all mistreatment by
imposing preserving acts and strategies.
 Equal opportunities - According to this acts, it is essential for company managers of an
organisation is to offer equivalent chances to each and every corporation who mainly
work in their authorised sites. At that time, such rules and norms try to establish
environment which should be free from any discrimination that has been done on the
basis of caste, race, religion, gender, colour, disability etc. and give equal possibility to
every members to grow and developing their career.
(b) Important impact of employment and contract law upon the business
As per the case study, there is a 16 old girl who is hired at fast food outlet. At the time of
doing work, she slipped by leaking of water from an instrument of making ice and randomly her
hand went in the deep fat fryer that was containing boiled oil when equalisation. For getting bad
outcome, she suffered from severe burns to her forearm and left hand (Nichols, 2012). In these
day, some of the employees were presented at the outlet and team leader was engaged on tills for
keeping eyes on the security of work place and their other staff members. Therefore, the entire
incidence was determined as illegal and unjust as per the norms and rules which has been made
by authorities in proper manner. There are number of mistakes that has been done by this firm
which is stated as follows:
 First situation is that girl was 16 year old so that she is not adult and comes under the
category of child (Thompson, 2015). Therefore, employees working at this age is treated
as illegal work and by this government has been obligatory a law which name as child
labour act, according to this workers must be more than 18 or equal to that and it includes
violates in such rules which are treated as guilty in the eyes of law.

 In the Second fault is that, there was absence of safety and security at the work place and
by this reason accident was happen and girl gets major injuries. It is violating the rule of
occupational health and safety act.
 After this, team leader was not attentive and still she disregard the happening of accident.
After examining this case, it can be recommended that every firm should obey and act as per the
employment law and must be recruit employees who are at the age of 18 years old. Along with
this, according to the occupational health and safety law, security within the working place
should be considered and developed more so the staff office works there for acquire security
from alternative accidents (Cassese and et. al., 2011). Despite from this, the main purpose of
employment and contract law is to encourage company for offering best chance to their workers.
So girl met accident having ability to claim against damages or injuries that she faced some
misbehave or behaviour of superior.
Section 3
P 4 Effective judicial solution for business issues
An organisation having number of issues or problem at the time of operating its
enterprise as they comprises of large number of employees at their authorised situation. Such
personnels having various perspectives and thoughts in the context of particular subject.
Therefore, it is the main responsibility of government bodies is to make certain standard so each
one is follow it and by this limited problems has been happened at work place. According to this
case study, Calvin was designer who was engaged at big fashion house and completed a time
period of around 4 years. At first day, his manager arrived at office and claimed him in case of
robbery as she find out 100 euros which is missing from petty cash book. Also she was dismissed
Calvin without intention and investigating about the remaining other employees who were
performing work in the locality. Such immediate firing without providing any notice and any of
the reason is wholly illegal as this is violating the employment right act 1996. according to this
law, there are large number of solution which are present for resolving major issues or problems
of business (Posner, 2014). These are discussed as under:
 Manager requires to compile all the data and elaboration related with the accidents which
occurs at work place.

 Employers should make efforts for determining the concealed information for recruiting
investigating team or analyse previous recording before taking such important decisions
like adult female personnels.
 Necessity of listening the view points of Calvin.
On the other side, Kelvin's father Dan had small convenience store which get damaged due to
fire. So, he will established another new store and in addition to this, he was applied for
insurance of fire. Due to this misinterpretation and confusion, he filled wrong form as there was
question put by insurance company which should be made any claims in the context of last two
years (Raz, 2013). After that he answered No so he was thinking that incident happened before
last two years. Then 23 month has been passed and after that new store also met accident of fire
and insurance company refuses to return the claimed amount. Dan required a legal solution that
are described as follows:
 He can resolve all these issues outside the court.
 Along with this, he can also claim for the betterment in the court by declaring their
misinterpretation and displaying the evidence of indemnity and various documents
relating to such happening.
P 5. Justification
The above stated solutions is right and effective as it assists in resolving the issues of
Calvin and Dan easily. For instance, in the case of Calvin as he was dismissed by his manager
without giving nay notice and logical reason of firing ; this is completely illegal. As herein
employer should discover the unrevealed facts and figures and for this she can take aid of a
research team for finding out real culprit of that robbery. In addition to this, she should also offer
Calvin a notice and give him time of one month for searching next job. By this way, she can also
do inquiry on rest of two workers who were present at official site on that day during these days
(Hart and Green, 2012). Thus, it can be said that this solution is justiciable in nature and do not
create any conflicts in nature. But this should be noted that all such activities should be
confidential and not revealed to public.
On the other side, in accordance to the scene of Dan, there was misrepresentation of
information from victim and due to this, insurance firm was refused to pay him compensation.
So, in this case he is recommended to submit the entire information and evidences related with
the accident of fire in court among judges. By this way, he can apologizes for his mistake and

request them to repay the amount of recompenses so that he can start new business again and
reform his life easily. Apart from this, he can also settle down this issue from outside the royal
court also. Thus, can save a large sum of money and time as well in context.
Section 4
P 6. (a) Conception and advantages of Alternative conflict resolution
ADR can be simply defined as a technique that aids in minimising resistance and disputes
between two parties by offering a suitable solution to them. This method has been used in
various countries for doing the same as they are adopting this process for brining peace and
maintaining calm as well as brotherhood in society (d'Aspremont, 2011). This has been
examined that there are key three tools and techniques that is utilised for doing this are stated
below :
 Arbitration : This is procedure where - in judges or voluntary parties are engaged for
resolving conflicts and issues that occurs among two or more parties. Each decision is
bounded on both ventures taken by the voluntarist and it is enforced by legislation. This
can be mandatory or even a person can also involve judge for performing this action.
Thus, it can be said that this is methodology whereby parties do settlement or
understanding by involving external bodies and not prefers for going to assembly or
court. Here in process of decision making gets accomplished very quickly as less people
are participated for solving the whole commercial issue. This is also proved to be less
expensive. This is to be noted that decision maker can use its own skill and knowledge
for making peace by solving the entire business problem in effective manner.
 Intermediator : This is a methodology which take use of a third party or a mediator for
elucidating problems and hindrances of two or more parties. In this process, victims
provides details and evidences related to the business issues so that they can take proper
decision at the end and meet demands of both individuals (Stephen, 2014). For doing the
same, a meeting or debate is being carried out where in people involved in the dispute
and mediators are present. Judgement is taken efficaciously that should be free from any
kind of discrimination and partiality so that healthy conclusion can be generated at
ending. This is to be noted that each and every data associated with the dispute and
judgements is kept confidentially and not uncovered to any of the people. This is done for

avoiding physical or mental clashes and for safeguarding all the individuals who are
participated in this event.
 Negotiation : This is a technique wherein no third party or type of mediator is involved
in order to settle down the commercial issues and disputes (Teles, 2012). Here, in – fact
both the contractors used to negotiate and coming to a conclusion by giving a satisfactory
result. Both of them listen to the demands of each other and do negotiation after that so
that issues get resolved easily without involving any other individual for doing the similar
work.
Some of the main benefits of ADR are discussed below :
 Confidentiality : This whole procedure maintains confidentiality by keeping all the data
secretly in order to avoid other disputes and damages.
 Determination of conclusion in less time : From observing the above mentioned
techniques and tools of ADR , it can be said that very less period of time get consumed
in giving the judgements or solution of issues gets generated in minimum amount of time
with less money also.
 Involvement of limited person : These methodologies are using single mediator or even
no one for clarifying and solving the business related problems and disputes. Thus, saves
money and make it more simpler.
b) Recommendation of effectual solution for different issues of business
As per the case study of Antwon and Tyrell , both of them were facing definite
commercial problems and that has been consuming much of time. Due to this reason, their
business activities were getting hampered at greater level. Thus, in order to solve their business
disputes, they can use arbitration technique as this is a faster tool whereby a voluntary body can
be involved for making effective solution. Tyrell and Antwon should disclose all the events in
front of that decision maker so that he or she can understand whole matter properly. After this,
the complete work of resolution depends on the judgement of that voluntary body (Milsom,
2014). Both of them should obey his decision and implement all changes proposed by him so
that a win – win situation can be created in order to meet requirement of both parties.
This process is considered as inexpensive as there is no need to knock the door of court
and invest large sum of money on consistent hearing of cases. Thus, it can be said that arbitration

technique is suitable for this situation in order to conclude a better decision at last for both of
them (Llewellyn, 2016).
CONCLUSION
From the above report it has been summarized that legal bodies have implemented
number of laws, norms acts, rules and regulations in order to create a environment free from
discrimination and exploitative activities. Thus, above mentioned report highlighted various
necessary laws which is applicable on entire European members. Basically main motive of this
assignment is to prevent rights or interest of employees performing at workplace for gaining
profit. Therefore it aids learner in understanding the role or responsibilities of English legal
structure. Hence, report helps in resolving conflicts which takes place in corporate world
between various staff members. At last, appropriate acts or tools of defending employees which
is seen as indispenable asset for entire association.

REFERENCES
Books and journals
Wilson, S., Rutherford, H., Storey, T. and Wortley, N., 2014. English Legal System. Oxford
University Press.
Slapper, G. and Kelly, D., 2013. The English Legal System: 2012-2013. Routledge.
Ingman, T., 2011. The English legal process. Oxford University Press.
Rembar, C., 2015. The law of the land: The evolution of our legal system. Open Road Media.
Hart, H. L. A. and Green, L., 2012. The concept of law. Oxford University Press.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Barkan, S. M., Bintliff, B. and Whisner, M., 2015. Fundamentals of legal research.
Nichols, P. M., 2012. The business case for complying with bribery laws. American Business
Law Journal, 49(2), pp.325-368.
Cassese, A., Acquaviva, G., Fan, M. and Whiting, A., 2011. International criminal law: cases
and commentary. Oxford University Press.
Raz, J., 2013. Legal positivism and the sources of law. Arguing About Law, 117.
d'Aspremont, J., 2011. Formalism and the sources of international law: a theory of the
ascertainment of legal rules. Oxford University Press.
Teles, S. M., 2012. The rise of the conservative legal movement: The battle for control of the
law. Princeton University Press.
Llewellyn, K. N., 2016. The common law tradition: Deciding appeals (Vol. 16). Quid Pro
Books.
Milsom, S. F. C., 2014. Historical foundations of the common law. Butterworth-Heinemann.
Stephen, J. F., 2014. A history of the criminal law of England (Vol. 2). Cambridge University
Press.
Hart, H. L. A. and Green, L., 2012. The concept of law. Oxford University Press.
Thompson, E. P., 2015. Customs in common: Studies in traditional popular culture. New Press,
The.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Online
English Legal Materials. 2016. [Online]. Available through
<http://law.wisc.libguides.com/c.php?g=204332&p=3205486>.
Sources of law. 2018. [Online]. Available
through<https://www.slideshare.net/manumelwin/sources-of-law-legal-environment-of-
business>.
THE ROLE OF POLICY WITHIN LAWMAKING. 2017. [Online]. Available
through<http://embracedignity.org.za/role-policy-within-lawmaking/>.