Legal Practice in the English Legal System Research Report and Diary

This assignment is a comprehensive research report and diary focusing on legal practice within the English legal system. The report delves into the fundamental knowledge of the sources of English law, the structure of the English legal system, its procedural rules, and the legal profession. It analyzes case laws such as R v Secretary of State for Work and Pensions and R v Adams, illustrating the application of law in producing clear, logical arguments. The research diary reflects on the understanding of the task, the research process, the identification of relevant issues, and the communication and referencing of sources. The report covers the structure of the English legal system, the role of the Supreme Court, and the impact of court decisions on future cases, including those related to welfare benefits and criminal law, along with the procedural rules and understanding of the legal profession.

Legal Practice in the
English Legal System

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
PART 1 Research Report.................................................................................................................1
PART 2 Research Diary...................................................................................................................4
1. How you understood the task that has been set.......................................................................4
2. How you carried out research of the relevant sources............................................................5
3. How you identified issues that are relevant to answering the question and applied them......5
4. How you communicated your answer.....................................................................................6
5. How you referenced your sources...........................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Law is defined as set of rules that are developed by a governing body in the society over
a specific period of time. Through this certain practices and customs are designed in order to deal
with criminal, business, finance, property and other activities. Implication of law establishes a
formal system that is used to govern and enforce various rules and regulations1. In a nation to
govern legal system various rules and regulations are applied so that law and order can be
maintained and crime rate can be minimised and control to govern economy in legal manner. In
this project report legal practices in the English legal system will be discussed to demonstrate
fundamental knowledge of the sources of English law. Structure of legal system and its
procedural rules and understanding of the legal profession will be made. Together with this
application of law in order to produce clear, logical and well-structured arguments with
supported references will be made in this project report.
MAIN BODY
PART 1 Research Report
R v Secretary of State for Work and Pension case was filled in the year 2002. Hearing on
this case was constituted as a landmark Civil Action cases through which a review of the UK
government policies on Human Rights Act, 1998 on Right of Property will be made. Annette
Carson was a UK pensioner was relocated to South Africa in 1989. At the time of employment in
UK Carson kept on paying Full contribution towards National Insurance and taxes2. At the time
of retirement she become eligible for full UK state pension. The amount of of pension did not
increases as remains to the level where it was started. UK government faces failure for non
upgrading of pension amount to individuals reside in other countries. Violation of human rights
was reported on the basis of discrimination. As annual upgrading will be applicable in other
countries where individual lives and mentioned in the law.
Their are several decisions made in this case law R (on the application of SG and
others) v Secretary of State for Work and Pensions was a 2015 judgement by supreme court
of United Kingdom. A majority decision was given through which British Policy limiting
1 Barkan, Steven M., Barbara Bintliff, and Mary Whisner. "Fundamentals of legal
research." (2015).
2 Woodman, Gordon R. "The challenge of African customary laws to English legal
culture." Legal Practice and Cultural Diversity. Routledge, 2016. 149-164.
1

welfare was legal. A security benefit was introduced up to an amount of £500 per week
regardless of the number of children in a family and the level of local rents. As per latest appeal
made in relation to this case law R (on the application of AB and others) v Secretary of State for
Work and Pensions [2019], the applicant has changed the lawfulness of provisions relating to the
benefit cap. The supreme court dismissed its own verdict with majority decision of 5-2. The
judgement given by the count clarifies applicable law for welfare benefits.
Case laws are termed as one of the primary source of UK legal system. Sources of law
are considered as origin of laws that are applicable on the national and international boundaries if
the country3. Sources of law is also termed as set of power and law of a nation derives its validity
through different sources if law. Different types of law in UK are formed on the basis decision
provided by courts on a particular case filled in the court. Decision of all the cases are not served
as source of law because they are not termed as some benchmark case. Decisions taken in the
past on the basis of rules and regulations prevailing in the country becomes source on the basis
of which future cases involving similar cases will be resolved.
3 Eberl-Borges, Christina, and Su Yinxia. "Freedom of Contract in Modern Chinese Legal
Practice." Geo. Wash. Int'l L. Rev.46 (2013): 341.
2

Source: Structure of English Legal System, 2019
3
Illu
stration 1: Structure of English Legal System, 2019

As English legal system possess a court structure in which criminal and civil cases are
resolved4. Decisions taken by any court such as country courts, high court of justice and court of
appeal are binding on the parties involved in the case5. Supreme court in this case possess all the
power through which verdict of a case can be changed or improved. These changes will be based
on some new policies that are implemented in the system so that effective implication of laws
can be made. Decision of a case can be challenged by the court authority possess supreme power
over the other court. For example country court decision can be challenged by any other court
involved in resolving cases related to civil dispute. But when supreme court rules on a
constitutional issue, that judgement is virtually final. Decision of the court can be altered only by
the use of procedure of constitutional amendment or by a new ruling of the court. Decision of
supreme court is binding on all the courts and no other curt can ignore its decision. While
decision taken by any other court can be ignored when court at higher position is providing
review on the decision taken on a issue involved to resolve a case.
In the above case of R (on the application of AB and others) v Secretary of State for
Work and Pensions. Decision of supreme court was provided in the year 2015 and also in 2019
may and it was again changed in the year 2019 October. So only supreme court can change its
decision with evolution of policies implied in relation to establishment of benefit cap. No court
can ignore decisions of other court if they disagree with them.
In R v Adams [2019], an appeal against convictions for sexual offences alleged to have
been committed many years ago between 1980 and 1987. The provisions of Sexual Offences
Act, 1992 apply in this case. As per this law nothing needs to be published related to members of
the case to identify the victims of the offense. On 19 October 2017 in the Crown Court and its
owner-able judge found Adman guilty of the offense. He was sentenced for those offense with a
total imprisonment of 15 years. Adams died in the year 2018 but his widow granted permission
under section 44A of the Criminal Appeal Act, 1968 to continue this appeal. On 5 March 2019
leave to appeal limited to three grounds was granted by the full court.
In the year 2019 when the case on the verdict of Crown Court is filled to Court of Appeal
then in that case it needs to be decided their with a panel of judges named as Lord Kerr, Lady
4 Terence Ingman, ''Structure of English Legal System'' (2019).
<https://tarlton.law.utexas.edu/english-law> accessed 3 January 2020
5 Economides, Kim. "Centre-periphery tensions in legal theory and practice: can law and
lawyers resist urban imperialism?." International Journal of Rural Law and Policy 2
(2012): 1.
4

Black, Lord Lloyd-Jones, Lord Kitchin and Lord Burnett. Decision was taken that the conviction
was safe and dismissed the appeal. The judgement clarifies the applicable law in relation to the
element of consent. As per the Criminal court structure verdict of the Crown court can be
changed by Court when case is further referred to higher authority. In the process of deciding the
case it must be identified the basis of previous verdict. Together with this facts and figures
considered in the new ruling is mentioned in detailed manner so that any individual can
understand the case and its verdict6.
Verdicts of different cases which are one of its kind become a source of law as they are
the benchmark on the basis of which cases in future are resolved. Verdict of one court will be
binding is applicable on other courts only if no further application is made to higher court
authority. As form Crown court and Court of Appeal, decision of the COA will be considered.
Supreme court can make changes in the cases decided by any other court in the Criminal court
structure. Decision of Supreme court will be final and to make changes, variations needs to be
made in policies and regulation of government.
Decision of Supreme court can not be ignored or questioned by any other court available
in the hierarchical structure of the court. On the contrary supreme court can ignore decision of
the other courts while deciding the similar case when appeal is made to provide verdict on the
case. Their are some restrictions on filling a case to supreme court which says that not all laws
can be filled to the highest court. When any court is disagree with decision of the other court
then in that case ignorance to the decision can not be made. Consideration needs to be given to
the relevant case decision and after analysis changes can be made. English legal system possess
set of individuals who are considered together as panel and all the decision will be taken on the
basis of majority decision provided7.
PART 2 Research Diary
1. How you understood the task that has been set
When I prepare research report report that time face problem regarding to task. The task
has been set on the basis of law which is important for me because I have not proper information
6 Garoupa, Nuno. "Globalization and deregulation of legal services." International
Review of Law and Economics 38 (2014): 77-86.
7 Greenbaum, Lesley. "Current issues in legal education: a comparative
review." Stellenbosch Law Review= Stellenbosch Regstydskrif 23.1 (2012): 16-39.
5

about the English legal system. It is required to have information of sources of law that help me
out to critical situation. At the time of research report analysis about the case where apply
different types of legal system and reach on the result. Every country have own law and
according to that follow the procedure but in some exceptional cases these are changing. These
are based on the procedural rules and understand the legal profession. I face the problem to
understand different system of law because I have not proper knowledge about this so it is
typical for me to understand the task and its related activities in proper manner. English legal
system have different rules and regulations which is changing any time and impact on the
different activities that required to set task. To understand the task go to library and collect all the
law books that help me regarding to this case. According to that research about the legal system
and fine out different answer in order to assure that this case is strong and come in my favour. If
I have knowledge about the English legal system so it is easy for me to understand the task and I
have not sources of law who provide me proper information and according to that take further
steps regarding to case. So it is difficult for me to understand task and it is most typical to apply
in real life. In this system require to understand about court activities that is based on the
different laws and regulations8.
2. How you carried out research of the relevant sources
To carried out the research required to appropriate sources that helps to understand
research in effective manner. On the basis of sources understand that how to analysis different
activities. To search out related sources face many problem because it is not easy for me to have
proper information about the human right and how to utilise it for the research. When I was
started to research on particular case that time face problem of lack of information of law then I
have meet different lawyers who have proper information about it and know about the Criminal
appeal act to understand that every case is not apply in particular court and according to law they
are applying in the right court at right time. For the relevant sources understand the English
Legal System and related law that applied by me for the detailed research regarding to research9.
To collect relevant research I can google about for small things which is related to particular
case.
8 Liu, Sida. "The legal profession as a social process: A theory on lawyers and
globalization." Law & Social Inquiry 38.3 (2013): 670-693.
9 Lobban, Michael. "Theory in history: positivism, natural law and conjectural history in
seventeenth-and eighteenth-century English legal thought." (2016).
6

3. How you identified issues that are relevant to answering the question and applied them
To answer the different question face many issues that create problem for me and related
people because to file case in the court require to have information about the law system and
how it works properly. In order to answer the question conduct research this type of case file in
previous time and which type of law activities require to conduct regarding to this case and
government apply any type of changes in particular law10. So according to that apply in the court
and know about it. Every person have not knowledge about the human right which is applied in
the questioning and face issues. Regarding to particular law every person provide his/her opinion
about the different activities. To ask a question require to apply my knowledge of the law to a
given factual scenario. As per name provide advise of the questions and related problems.
Problems question are frequently depended on particular areas where there are uncertainness
towards the law. To identified the issues required to relating to answer focus on different
activities in order to provide answer as per the requirement. To apply these laws face many
problem because it create problem. To apply these laws require to follow particular procedure in
order to create problem and create different activities as per the requirement. In this procedure I
have not knowledge how to people apply and according to that follow all the procedure in
effective manner. It is essential to follow all guideline other wise it creates big problem foe every
one in order to follow different rules and regulations. If it is ignored to pay penalty so for this
required to follow all the guidelines and ask question from people regarding to procedure other
wise it creates problem in negative manner and show impact on the case which is fired by me
regarding to human right.
4. How you communicated your answer
At the time of research face the problem of the communication because many people
have not knowledge about the law so it is created problem for me11. So for this firstly I conduct
research and take proper information then provide answer to people. At the time of
communication people does not talk properly due to different language so it become big problem
for me. I can collect all the relevant answer to properly communicate about the case study and
10 Ordóñez-López, Pilar. "A critical account of the concept of ‘basic legal knowledge’:
theory and practice." The Interpreter and Translator Trainer 9.2 (2015): 156-172.
11 Reddy, Rupa. "Domestic violence or cultural tradition? Approaches to ‘honour
killing’as species and subspecies in English legal practice." ‘Honour’Killing and
Violence. Palgrave Macmillan, London, 2014. 27-45.
7

according to that give answer to different questions which is related to particular law. To
communicate about answer face the problem about the questions that depended on the English
System. To get communication about this require to get organized and develop a clear, broad
story as per the condition and it will be detailed that based on the weather and may first seem
dismissible, ask to clarify about the answer. All the answers get through communication that
based on the different types of communication like written and oral that can impact on the
understanding and according to that people provide the answer different question which is
related to different questions.
5. How you referenced your sources
Sources in law are termed as basis through which information required in relation to a
particular law is mentioned in the law. Sources in relation to grabbing fundamental knowledge of
the different sources of English law, the structure of the English legal system and preceding rules
and regulations to understand legal profession12. Sources for acquiring all the relevant
information to generate research report is collected through studying and understand different
laws that are prevailing in the legal system to cope up with different issues that are related to
various laws. Together with this knowledge and understanding of the legal structure in UK and
full cognition regarding formation of various laws and decision making system needs to be
understand. In this relation sources like bare act in relation to particular issue, cases and their
verdict served as a source to understand the whole scenario. Information in relation to analysing
court structure of the country government policies and regulations on the basis of which different
courts dealing with separate issues are analysed in complete manner. Sources of law and legal
court structure regulations are important source while performing task under research report.
CONCLUSION
From the above project report it has been concluded that English legal system is one of
the oldest among all it has evolved over certain centuries to become efficient and provide best
formation of various laws. Laws in UK are formed on the basis of various sources that are
important for establishing various required to regulate and govern legal system. Despite of
various laws and regulations number of disputes arises in day to day operations. These disputes
are resolved through filling an appeal to different courts. UK court structure is segregated as
12 Sachs, Stephen E. "Originalism as a Theory of Legal Change." Harv. JL & Pub. Pol'y 38
(2015): 817.
8

criminal and civil courts. In both the courts legal issues are resolved on the basis of issue
involved. Decision of supreme court is important and have power to prevailing over all other
courts and legal structure. In order to resolve different issues related to different cases applicable
cases for producing clear, logical and well structured argument is provided. A effective analysis
of the English legal system is demonstrated here so best results in relation to disputes among
various cases can be resolved.
9

REFERENCES
Books and Journals
Barkan, Steven M., Barbara Bintliff, and Mary Whisner. "Fundamentals of legal research."
(2015).
Eberl-Borges, Christina, and Su Yinxia. "Freedom of Contract in Modern Chinese Legal
Practice." Geo. Wash. Int'l L. Rev.46 (2013): 341.
Economides, Kim. "Centre-periphery tensions in legal theory and practice: can law and lawyers
resist urban imperialism?." International Journal of Rural Law and Policy 2 (2012): 1.
Garoupa, Nuno. "Globalization and deregulation of legal services." International Review of Law
and Economics 38 (2014): 77-86.
Greenbaum, Lesley. "Current issues in legal education: a comparative review." Stellenbosch
Law Review= Stellenbosch Regstydskrif 23.1 (2012): 16-39.
Liu, Sida. "The legal profession as a social process: A theory on lawyers and globalization." Law
& Social Inquiry 38.3 (2013): 670-693.
Lobban, Michael. "Theory in history: positivism, natural law and conjectural history in
seventeenth-and eighteenth-century English legal thought." (2016).
Ordóñez-López, Pilar. "A critical account of the concept of ‘basic legal knowledge’: theory and
practice." The Interpreter and Translator Trainer 9.2 (2015): 156-172.
Reddy, Rupa. "Domestic violence or cultural tradition? Approaches to ‘honour killing’as species
and subspecies in English legal practice." ‘Honour’Killing and Violence. Palgrave
Macmillan, London, 2014. 27-45.
Sachs, Stephen E. "Originalism as a Theory of Legal Change." Harv. JL & Pub. Pol'y 38 (2015):
817.
Strain, Virginia Lee. "Shakespeare's Living Law: Theatrical, Lyrical, and Legal
Practice." Literature Compass 12.6 (2015): 249-261.
Woodman, Gordon R. "The challenge of African customary laws to English legal culture." Legal
Practice and Cultural Diversity. Routledge, 2016. 149-164.
Online
Terence Ingman, ''Structure of English Legal System'' (2019).
<https://tarlton.law.utexas.edu/english-law> accessed 3 January 2020
10