Business Law Report: English Legal System, ADR, and Solutions

This report delves into the structure of the English legal system, examining its key components such as the Supreme Court, the court hierarchy, and the roles of barristers and solicitors. It explores the different sources of law, including statutes and legislation, and their impact on organizations. The report further analyzes the role of the UK government in law-making, detailing the parliamentary process and the application of statutory and common law in justice courts. It also covers employment and contract law and the impact of these laws on businesses. The report concludes by explaining alternative dispute resolution (ADR) methods and suggesting appropriate legal solutions for business problems, justifying these solutions with references to relevant statutes or case law.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P.1. Explain the structure of English legal system and discuss the different source of laws that
organisation must comply with ..................................................................................................1
P.2. The role of government in law-making and how statutory and common law is applied in
the justice court...........................................................................................................................3
TASK 3............................................................................................................................................6
P.4. Suggest appropriate legal solution for each of the business problem..................................6
P.5. Provide a justification of solution by either referring of a relevant status or using an
appropriate case...........................................................................................................................8
TASK 4............................................................................................................................................8
P.6. Explain alternative dispute resolution(ADR) and its process and compare the
effectiveness of two different recommendations........................................................................8
REFERENCES..............................................................................................................................11

INTRODUCTION
In the introduction part of this documentation, we will discuss about English legal system
and some of their provision which could be useful for the business effectively to protect their
rights of employee and employer both. Furthermore, we will discuss about leading role of the
UK government which are playing leading role in terms of making the effort and involvement in
law making process in the parliament as well. Apart from this, we will assess the employer legal
obligations in relations to their occupational health and safety and worker compensation and so
on. In this investigation would provide some legal suggestions of given business disputes and
issues within the business and also furnish appropriate justification of legal solutions within the
given case. At the last stage of the research, we would provide, process and benefits of
Alternative dispute resolution method and also give suggestion according to ADR process in
given case efficiently.
TASK 1
P.1. Explain the structure of English legal system and discuss the different source of laws that
organisation must comply with
The highest authority in English legal system is Supreme court which is playing the most
essential role in the UK country's legal system and another part of government House of
commons play formal role in its legal system (Trompenaars and Hampden-Turner, 2011). Every
main decision is taken by Supreme court and these decision can be combined with different court
in the UK. Furthermore, English legal system is divided into three major parts which are, first is
England ans Wales legal structure, other is Scotland legal structure and third is Ireland legal
system. These three different legal system define about historical heritage of English legal
system efficiently. The UK government has a Parliament body which provide some guidance
about representation of all government sectors according to the legislative provisions which are
given in the UK English legal system. In the parliament, there are two sections, House of lord
and House of Commons, both are playing leading role in order to manage all government issues
and problems effectively (Keup, 2012). Both section of parliament help in terms of making a
legal draft into law passing by both section in which all government ministers give their review
for proper amendment in legal draft and discuss all the aspect of bill and find out some necessary
changes within the bill and according to parliament MPs discussion, they organise voting
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approach in parliament to pass the bill by majority of votes parties and make amendment
according to majority of Mps demanding to essential change in the bill.
The UK English legal system has its own two different kinds of courts which is criminal
and civil, both are playing leading role in order to solve their sectional legal issues effectively.
The UK has An English legal system which is not a signal and unified form. Supreme Court: Supreme Court is the highest authority in the legal system of the UK in
which all the major decision is taken by this court and their instructions and decisions are
followed by English legislative provisions (Reed, and et.al., 2013). All another court
work under Supreme Court. Senor court of the England and Wales: Senior court work as same as Supreme Court but
it is not the highest authority of legal system in the UK. It works according to the
legislative provisions which is given in the English legal system of the United Kingdom. Court of Appeal: Court of appeal is consisted of two different kinds of section same as
the UK civil court. High court: In the High court, civil court appeals are listened to its judicial authorities in
the court.
 Crown court: In the crown court, often criminal cases are heard and actual jurisdiction
legal issues as well. Apart from this, there are some other subordinate courts are presented in the UK legal
system which is Magistrate court, family proceeding court and youth and country court
and they have some authorities which is given in the UK English legislative legal
provision to resolve their regional cases effectively. Role of barrister: Barrister have two main categories in the English legal system which is
solicitor and layer who are playing the leading role to handling cases and representative
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of case in the court as well. The job of senior legal professionals in England and Wales is
classified into two categories which is solicitors and barristers as well. Role of solicitor: Solicitor is a legal professional person who furnish essential legal
suggestions and provide support to their clients. Solicitor can be in different form which
is individual person, group and private companies and public field companies as well.
Who provide legal advice to their customers and also support them to solve their legal
issues within England and Wales country. Role of judge: The role of judge in the English legal system in which, they use their
legislative knowledge and experience to ensure that a trail is organised in the court are
sunning fairly and according to legal provision method as well. The serious and criminal
cases are heard by judge and jury within England and Wales country and make their
decision towards the guilty persons in the court. Judge of supreme court listen all critical
cases of their subordinate courts and also listen appeal of high curt and crown court
within the country as well.
There are some sources of the UK English legal system which are as following: Statues: It is the major source of English legal system which derives from parliament of
the UK and It provides various authorities to utilise of legislative rules and regulations in
the country to solve their all legal issues effectively (Solove and Schwartz, 2014).
Various of legal provisions are written in the UK legislative legal provisions like
Employment Right Act 1996 and Companies Act 2006 provide numbers of guidelines to
the organisations to perform well in their sector according to the legislative provision in
companies Act 2006 and it protects the rights and authorities of employer and employees
as well to formulate a better contract between them.
 Legislation: Legislation play a major role in order to furnish implementation of laws and
also provide numbers of guidelines to the courts and its legal system to perform their
legal action according to the legislative provisions are given in the UK legal book.
Legislation are written by legislature of the country to provide appropriate remedy in case
of illegal activities in the country and provide appropriate remedy for this as well. For the
organisations in the UK, in the companies Act 2006, which are in written for provide
proper guidelines for performing their activities in the business according to the legal
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provision which are given in the companies Act 2006 and provide appropriate remedy to
injured parties in the organisation to resolve their legal issues within the firm effectively.
P.2. The role of government in law-making and how statutory and common law is applied in the
justice court
The UK government play its leading role in order to formulation of laws in the country
with the helping of its parliament in the country (Deakin, 2011). Parliament is a major source of
making a law in English legal system as well. In this whole process a legal Draft which is known
as Bill is converted into Act by having its some legal process in parliament which is as below: The House of commons: This is the main section of parliament and in this body all the
government minister are elected by the country's regional population by voting and all
these persons act as a representative of peoples in the country. House of commons is
major role player in terms of law making process because of most of Bill passing process
is completed in this section. The House of Lords: In the another main body of the UK parliament, the house of Lords
is consisted with some persons which is elected from the life peers and some of from
bishops in the church of England. Apart from this, 12 most senior judges also sited there
in the House of Lords but their role in the body is formally. Bill: This is a legal draft and made by civil lawyers in the country. It is introduced by the
UK government ministers in the parliaments efficiently (Granovetter, 2010). Numbers
kind of bills are presented in the parliaments for different purpose which are public bill,
private member bill, are private bill as well. First reading: This is an initial stage of a bill which is introduced by government
ministers and this is also a formally reading process is to be completed in this section. Second reading: In this phase, a broad range of detailed information about bill are
discussed in the second reading stage. MPs of parliament discussed bill and also suggest
for amendment in this phase. Committee stage: In this section, bill is to be sent to the House of Commons committee
for discuss about detailed explanation. Report stage: After the detailed discussion in committee, bill is to be sent to the House of
Commons and its government minister makes their decision towards require amendment
in the bill.
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 Third stage: Bill is represented by government ministers in this stage to make sure about
after amendment bill ought to be passed or dismissed by House of Commons. House of lord: This bill is to be sent to House of lords for have a glance on bill and
suggest for relevant changes within bill and again bill is to be sent to House of Lords as
well. Royal Ascent: This is the last stage of bill to be converted into Act. This is a formal stage
of English legal making system in which bill is to be sent to Monarch to formally pass the
bill and after passing by monarch, bill has been converted into Act in the UK. Common low process: The common law could be associated with two terms. The
common law majorly is made with legal decision of the courts and anther is provision of
statues and legislation which is written in the legal book of the country (McGill, 2010). A
common law system is a system which is followed by the justice court in the UK. In this
common law system lower court must follow some rules and decision of higher court
rather than statutory laws in the country. This is developed through written advices of the
judge delivered in the end stage of the trial. During trail there are some laws of common
law process which must be followed by its subordinates courts and authorities while
formulating decision in the justice court of the England.
 Statutory law process: This is another legal method which is followed several legal
agencies and numbers of courts in the country (Jones and Sufrin, 2016). There are various
legislative provisions which are passed by federal and state government in the UK. This
is a compulsory obey rules and regulation towards the society to split harmony and peace
among the peoples. This is implemented by judicial courts formally and most of the
power of this law is in cities and towns legal power authorities which provide an
appropriate rules and regulation to control the situation of the country.
TASK 2
P.3. The relevant employment and contract law would have potential impact upon the business in
given scenario (A) Explain employer legal obligation in the organisation: Occupational health and safety: The health and safety at work 1974 enforce some legal
protection of employees within the organisation which are, in this act employer must
ensure to promotion and maintenance of the highest stage of physical wellness of
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employees and mental and social wellness of employees at the workplace (Grundfest
2010). The placing and management of employees in the organisation climate accept to
physical and mental requirements of employees within the firm as well. Worker compensation: This is a law in which worker compensation is protected by
making their insurance through the company to provide cash facilities to employees and
also medical care of worker within the organisation in condition of employees injured
and feeling sick while working at the workplace. The employer liability act of 1969
enforce employee to protect their rights to get cash benefits and other medical remedies
from the organisation in context of worker injured within the firm and worker
compensation is a state agency which furnish the claim of employees to employer to get
health benefits from the corporation. Harassment: According to the Harassment Act 1997, it enforces employee to protect
their rights and authorities which are violating in the organisation by their superior
authorities and other fellow employees within the firm as well (Foss and Knudsen, eds.,
2013). By this Act if a person are behaving discrimination and making harassment
activities at the workplace then employees have right to take a legal action against those
persons and get appropriate remedy as given in legislative provision in the Act.
 Equal opportunity: In the Equal Act 2010, there are several legislative provision are
given in this Act which furnish appropriate remedy in situation, if a worker feel any kind
of discriminate from their superior management and other fellow workers. Discriminate
can be based on race, sex, age, religion. Colour, disability, gender and civil partnership
etc. at the workplace. So person can take legal action and get proper remedy from law.
 (B) According to the Health and safety Act 1974, in this given situation, in of Fast food
outlet which is proved as a guilty person because he is not providing an appropriate
environment at the workplace. In the fast food store the girl are injured by some reasons
in at the workplace, so employer is responsible for all these activities within the firm and
there is some of other issues are presented here, which are the leader are nit doing their
proper job in fast food store because, after the girl injured leader was still working on tills
and not giving their proper attention toward the girl after this incident has been happened
in the firm. According to the contract of employment, leader of fast food store is liable to
protect their employees within the firm properly and provide insurance remedy to injured
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person who is feeling not well at the store. In this case, leader must provide insurance
policy to the girl and furnish appropriate medical remedy and health care treatment to
thee girl at the store. According to the health and safety Act 1974, employer has
responsibility to provide insurance policy of employees health and safety at the
workplace and also furnish some remedy to injured person in the organisation (Crane and
Matten, 2016). Leader of fast food store does not complete his obligation at the
workplace. So he must provide appropriate medical remedy to her and also furnish heath
care remedy to her to fulfil her expectation from company which is needed to be
completed by firm as well.
TASK 3
P.4. Suggest appropriate legal solution for each of the business problem
(1) In the case of Calvin, according to the companies Act 2006, some legislative
provision is given in the legal system in which Calvin can utilise them to protect
their rights within the organisation effectively (DiMatteo, 2010). According to the
case Calvin was doing suspicious activities at the workplace which was looked
out by Donna as suspecting activities were being done by Calvin at the fashion
store when Donna entered into workplace. So Calvin needs to prove that he is not
guilty person in this case. Donna also has checked store's pretty cash box and
there was 100 euros missing in the box by somehow and in this particular
situation, she blamed on Calvin for this loss at the workplace. She fired him from
the job, this is nit a fair activities in term of employer responsibilities within the
firm so that it could be said that Calving can take legal action against Donna in
order to protect their employees right at the workplace and also take a legislative
protection against Donna illegal behaviour done with Calving within the firm.
Calving can use legal action against Donna by taking sue on her for
misconducting and illegal action against Calvin within the business effectively.
So It could be said that According to the breach of contract act, Calvin can sue on
Donna and demand for proper remedy for their loss of job resignation within the
business and Donna do not have a proper evidence to prove Calvin as a guilty
person. Calving can use legal to settle this legal issue (Vagts, Koh, Dodge and
Buxbaum, 2015). According to this situation, Donna must need to provide proper
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remedy of losses of Calvin after losing their job and some of other remedies
which are appropriate to fulfil the demand of the Calvin effectively.
(2) In this case, Dan is a person who has loosed his small convenience store in second
time and in this case she again claimed on insurance company to fulfil his losses
by proving appropriate cash benefits to his all losses at the workplace. According
to the insurance policy provision, each individual person can not claim on
insurance company if he/she had claimed on the company within last 2 years. Dan
cannot claim on insurance company according to the contract has been signed
between insurance company and Dan. There is misrepresentation of informations
find out by insurance company and Dan provide some of their untrue information
about insurance company about previous claim on insurance company by Dan.
 Misrepresentation Act 1967: This is an act which protects consumer from false and fraud
claims within the business contracts which have been signed by both parties. A
misrepresentation is a statement which is committed by seller of company before entering
into a contract. In case of Dan, there is some of misrepresentation and untrue information
is provided by one parties between them. According to the given case, fraudulent
misrepresentation can be find out in these circumstances. Fraudulent misrepresentation
occurs when a person give their statements which is untrue and when they don't care
about whether these statements are true or not. As, same happened in Dan case. Dan have
given wrong information about his previous case (Posner, 2014). So in this case
insurance company could sue on Dan and demand for some compensation for this
misrepresentation of performance into contract according to misrepresentation Act 1967.
It could be give negative impact on business when company has been claimed by its
clients and according to this act organisation can fair legal action and get proper remedy
from legislative provisions.
P.5. Provide a justification of solution by either referring of a relevant status or using an
appropriate case
We will have second case of case study, Dan has been played an activity in which, it was
founded that Dan should have not provided wrong information according to rules of insurance
policies and Dan is a guilty person within given case. Because Dan have said that he had not
made claim on insurance company from last 2 years (Nichols, 2012). This is all assumption of
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Dan in this case, he did not figure out proper information of clast claim and said to the company
about his last claim on insurance company had been more than 2 years so with the help of this
untrue information about Dan both parties have entered into a contract. But somehow, Dan store
has been burned by some reasons and he claimed on insurance company to fulfil their losses
within their business contract signed by both parties. According to misrepresentation Act 1967,
Dan has been proved as a guilty person within this breach of contract and Dan are not deserved
to get all compensation which he has been loosed in the business and company can sue on Dan
from fraudulent misrepresentation provided into the contract. Insurance company must demand
for compensation to their losses within the business from claim made by Dan and according to
the business policy Dan are responsible for fulfil all appropriate needs of company which are
necessary to fulfil.
TASK 4
P.6. Explain alternative dispute resolution(ADR) and its process and compare the effectiveness
of two different recommendations
(A)Alternative dispute resolution and its process: This is a methodology, in which
without using litigation process disputes can be solved effectively and in very rapid manner as
well. In this context, public courts might be demanded for proper review of the validity period of
ADR process (Siedel and Haapio, 2010). This is the process which are less costly and more time
saving for both parties in order to solving their disputes effectively. There are some different
types of ADR process are as given below: Mediation: In this process, there is an impartial person which is known as “Mediator”
assist to both parties in order to accomplish the mutual satisfactory solution from which
both parties within the contract are being satisfied with suggestion of Mediator. The
Mediator are not making final decision of disputes but they work for making effective
communication between both parties and asking for their personal reviews on issue to
better settle their conflicts within the business efficiently. Arbitration: In this ADR process of dispute solving, Arbitrator is a person who listen all
suggestions and objection from every side of both parties and then make their final
decision on specific case occurred in the business. Arbitrator can be two types binding
arbitrator and non-binding arbitrator as well(.Mann and Roberts, 2015).
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 Neutral Evaluation: In this ADR process, there is a person who is called Evaluator, they
provide opportunity to each parties to make their review in front of Evaluator and then
Evaluator furnish their review on issues discussed and also provide opinion towards the
strength and weakness of each parties reviews within the disputes and provide
information about how your disputes can be resolved effectively.
(B) Recommendation of ADR process: In the given case of Antwon and Tyrell, both parties are
making disputes from some reasons within their business. Tyrell company make computer
software and Antwon's employees are using their software to make their market prediction
effectively in the market. Both parties want to settle their dispute efficiently, in this situation
“Mediation” alternative disputes resolution option can be implemented on this given case to find
out an effective resolution of this problem within the firm. A mediator assists both parties to
make proper communication between them and ask them for present their review and suggestion
in which Tyell and Antwon could find out effective solution of these disputes within the business
effectively (Mann and Roberts, 2011). As, both parties want to manager their business relation in
the market for growth of their corporations. Both parties discussion on issues and problems in
front of Mediator, can provide effective solution of these problems within the firm effectively
and both companies can make formulation of their joint venture within the business so that both
parties business relation can be effective maintain in the market and both organisations can
frequent grow in the market as well.
CONCLUSION
From the above investigation, it is concluded that the UK has a strong its English legal
system by with wide range of legislative process can be followed by the countries. There are
several sources of laws from which the UK government utilising its legislative provision. Each
organisation must follow legislative provision within the country. It is also concluded about the
role of government while making a bill into the Act in the parliament of the UK. We have also
evaluated the effectiveness of the legal system in order to recent reformation and development in
the English legal system effectively. Moreover, we have provided several appropriate legal
solution for the given cases which are given in the case study and also provide proper
justification of legal solution which is occurred within the business in given cases. Ultimately,
we have concluded benefits of Alternative dispute resolution process and its benefits for injured
parties and provide appropriate suggestion according to ADR process effectively.
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