Analysis of the UK Legal Framework for Business and Legal Solutions

This report provides a comprehensive overview of the UK legal framework, including its nature, sources of law, and key areas. It explores the role of government in law-making and its application. The report illustrates the impact of contract and employment law on businesses, using the example of Country Pine, and suggests appropriate solutions for business problems, such as company registration. It also examines alternative dispute resolution methods. The report emphasizes the importance of understanding legal requirements for workforce expansion and the rights of employees. The legal solutions presented are based on the UK legal system, offering practical insights for businesses navigating legal challenges.

The Legal framework and
Legal solution

TABLE OF CONTENTS
INTRODUCTION............................................................................................................................3
LO 1..................................................................................................................................................3
P1. English legal system its nature explanation and evaluation, sources of law, key area and
division of law.............................................................................................................................3
P2. Role of government in making law and its application.........................................................4
LO2...................................................................................................................................................5
P.3 Illustrative impact of contract law and employment law on the business on Country Pine..5
LO3...................................................................................................................................................7
P.4 Suggesting appropriate solution for a business problem......................................................7
P.5 justification for the suggested business solution...................................................................8
LO4...................................................................................................................................................8
P.6 legal solution based on the legal system of UK....................................................................8
CONCLUSION................................................................................................................................9
REFERENCES...............................................................................................................................10

INTRODUCTION
The legal framework provides sets of rules, regulations procedural steps which are
formed through common law and by using them, judgement can be determined in legal cases.
This sets the rules, rights and obligations for company’s citizens and government. The legal
framework includes the constitution, legislation, regulations, policies and contracts. In this
assignment, a detailed discussion of English legal system, key area of law and sources of law is
done. The impact of contract and employment law on business is illustrated. The appropriate and
alternative solutions to legal problems faced by a business and are priveded with legal solutions
with a legitimate justification.
LO 1
P1. English legal system its nature explanation and evaluation, sources of law, key area and
division of law
The English legal system is common to the whole country which is centralized through
courts. The basic nature of this system requires an understanding of the distinction between legal
enforceable rules and norms of behaviour(Lang, and et.al.,2018). Also, to understand the
difference between criminal and civil law and different sources of law including customs, statute
law and the common law.
Division of law
The two of main divisions of English law are criminal and civil .
Criminal law- The criminal laws provide a system to give punishment to the person who
has done wrong act by the state. This states that a person shall be punished who has violated
rights of personal security of a member of society and property rights.
Civil law- Civil law creates a system in which society is provided with a remedies and
rights to the members of society. The remedies are provided in manner of compensation for
losses from pain and suffering.
Terminology of English law
In criminal cases, a prosecution against a defendant by the stateis arried out. . The person
who flies the case is termed as plaintiff.
In civil cases, proceedings are commenced by a claimant against a defendant. Under civil
cases, a defendant cannot be prosecuted for the breach of contract.

Key areas of law
The key areas of law are administrative , banking l entertainment , business , civil,
criminal family , environmental , health law, etc.
Sources of law
Customs- The behavioural practice habits and usages of different communities are
termed as customs. These customs cannot legally be termed as law but these form a base for
foundation of a law(Martin, 2018). The generally accepted and practised customs are recognised
by legal authorities and then they are formed into law by following proper procedural channel.
Criminal law- The laws are made by taking into consideration the judgements passed by
the judges in higher court of justice. Ones the law is formed that become binding on all person
of the country or a particular group of people.
Act of parliament- The act of parliament is also termed as legislation. It can be split into
primary legislation and delegated legislation.
Primary legislation: This is the primary source of legislation. This includes the act of
parliament and laws enacted by parliament. The law lays out intention of parliament into
particular fields. It includes codifications, consolidation and revenue collection, etc.
Delegated legislation: The authorities namely local and public delegated the power to
make laws(Flannick, 2018.). In this, statutory instruments are made up by said authorities
stating how act will exactly work.
European lobbing- The European and English law go hand in hand. But the European
law has an overriding effect on English law. When there is a conflict between t two the law of
European law will prevail.
Conclusion
The English law consists of two laws i.e. civil and criminal l. The criminal law deals with
prosecution while civil law deals with common proceedings(Sahatiya 2018). There are many
sources by the use of which laws can be formed.
P2. Role of government in making law and its application
Emergence of a problem on the government: political parties of the country are
presented with problems or agenda. The agendas are presented through interested people or
groups.

Ideas to be considered: The political parties then consider which ideas or problem shall
be presented in the parliament for addressing.
Consulting people: The parties then consult interested people and group for more
information details about such problem. These people and groups are generally the one who are
likely to be affected by the plans.
Unanimity or majority on proposal to carry forward: All the cabinet ministers shall
agree on the same proposal to be taken forward. The legislative committee takes the final
decision to which proposal shall be taken forward.
Proposal are made into bills: The proposal ones approved, then drafted into bills to
presentin the parliament. All the bills are announced in the queen's speech.
Consideration and scrutinising of the bills: A bill shall be approved by both the houses
i.e. house of Commons and House of Lords to become a law.
Parliamentary stages: Here, the journey of a bill starts.
First reading- The title is read out in the chamber and then made available to all
members.
Second reading- In House of Commons, the bill is discussed and vote is teen to pass the
bill. In the house of lord, bill is discussed and then passed.
Committee stage- The bill is considered line by line committee of MP's. Amendments if
any are proposed and voted on.
Report stage- The bill is considered with amendments then reported in the House. All the
members can review the amended bill.
Third reading- Debate and voting on the bill is done.
Bill approved by one house considers by other- One a bill is passed by one house of
parliament then it is presented to the other house to consider and approve.
Assent of the MONARCH- The approval of queen on such bill makes the bill into law;
the approval on such bill is ' Royal Assent'.
LO2
P.3 Illustrative impact of contract law and employment law on the business on Country Pine
Expanding the work force: country Pine can expand their work force by considering the
following-

 Knowing the legal requirements.
 Assessing the need of staff.
 Review the job advertisement process.
 What are the plans for additional costs.
 Arrangements for the induction and training of new employees.
Status of employment: the status of employment can be stated as- worker, employee and
Self-employed. The Country Pines is considering hiring of workforce. With the reference of the
Uber case the work Status of Country will change from self -employed. The brothers will
become employees.
Employment rights: The employment rights can be-
Economic rights- Right to national minimum wages, statutory sick pay, statutory
maternity pay, statutory paternity pay, adoption pay and shared parental pay.
Holidays- Statutory minimum level of paid holidays, statutory minimum length of rest
breaks.
Protections- protection against unlawful discrimination, for whistle-blowing.
Working hour- to not work for more than 48 hours on average of per week, and to get
overtime wages.
Contact law: A contract is an agreement between two or more private parties creating a
mutual obligation enforceable by law(Russell,.and et.al, 2018.). For a contract the essential
elements are -
Offer- an offer is an act of promise or refrain from acting. It shall be made by one party to
another.
Acceptance- the offer shall be accepted by the other party. It shall be accepted in the
manner as mentioned in the offer.
Mutuality of obligation: both the partiers to the contract are obliged to perform their
obligations. One party can not gain unlimited right to cancel the contract. Both parties mutually
agree on the same.
Competency and capacity: A natural person can be held liable for the duties agreed to be
undertaken by him/her. When a party does not understand its liability and obligations the law
treats the party as lacking the capacity to contract.

Written requisition: A contract to be valid and binding shall must be in writing, If not it
is not enforceable by the law.
LO3
P.4 Suggesting appropriate solution for a business problem
Country Pines want it becomes a public limited company the following are the actions its
has to comply with-
Registration of company: the steps involved in registration of company are as follows-
1.Decide, weather limited or private limited company: first off all be sure that weather
limited company is good for your business to take.
2. Choose a company name: a great company have a very attracting name, so you want to
keep the original name or want to change the name.
3. Details required to register a company: the company name, a UK registered office
address, at least one SIC code, details of share capital to be created, name of the director
of the company, initial shareholders details.
4. Prepare Memorandum And Article of Association: they both together make the
constitution of the company(Huang, Fand et.al., 2018). Memorandum is a short
document which includes the standard clauses, subscribers details, agreement to start a
company. The article is a detailed document which consist each and every details about
the company and lays down the rules and provisions regarding the company.
5. Filling the incorporation with the Companies House: send all the information collected to
the house on incorporation for approval.
6. Hold the first meeting: ones the approval is received hold the first board meeting. Set up
all the registered to be maintained by the company., and issue first share certificate.
Duties of the director: To act within the power, promote the success of the company, exercise
the independent power, exercise reasonable care, skill and diligence, avoid conflict of interest,
non acceptance of benefits from third party(Dobbs, and et.al., 2018). The other duties are to
declare any interest in existing or proposed transaction, sense of responsibilities towards the
company and its employees.
P.5 justification for the suggested business solution
The company want to get itself registered as a limited company and the effect of
registration will be as follows to the company:

As Legal personality of a company: A company has a corporate personality of
its own. It is a separate legal existence from its members directors and shareholders. If all the
member dies than also the company does not lose its legal resistance as it has a separate identity.
It will come to an end by following the procedure led down in the law.
Effects of a registered company: With the registration the company becomes-
 A separate legal entity.
 Acquires perpetual succession.
 Becomes the owner of the assets,
 Promoter have rights to share in profits of the company.
 It can sue and can be sued.
LO4
P.6 legal solution based on the legal system of UK
Alternative dispute resolution: the Alternative depute resolution is a less expensive, less
time consuming and less formal method to resolve a business dispute. It gives an opportunity to
people to determine and resolve the dispute fast.
Types of ADR:
Mediation: an impartial person called mediator helps the parties to the dispute to
resolves the dispute by reaching a mutually accepted revolution by them. Sometimes mediation
can be appropriate and sometimes can not be.
Arbitration: a neutral person called as arbitrator hear the arguments between the parties
to the dispute and take evidences from both the parties and evaluate then same, after that gives a
impartial decision.
Natural Evaluation: This could be another alternative source of business law which
highlights that conflict may be resolved between two parties with the help of equal decision made
by them on basis of collective decision made by them(.Klepac,2018). Hence, it is good source of
resolving disputes in effective manner.
Conciliation-

It is an effective way of solving disputes as parties can resolve by taking collective
decisions and as such, they are in favour of parties involved in the disputes. This helps in saving
time of parties and further no intervention of Court is required.
Adjudication-
In this method, written documentation are prepared such as agreement and issues solved
in the best possible manner. In relation to this, conflicts can be resolved quite effectually. This is
required so that intervention of Court can be eradicated in effective way.
CONCLUSION
Hereby it can be concluded that law plays crucial role in the company so that it may abide
by the rules and regulations in effective manner. Furthermore, legal obligations are required to be
abide so that legal framework can be achieved. This is required so that various regulations may
be followed and as such, firm will be able to carry out legal business. If rules are not abided by
organisation, then it may not face legal issues and operations can be continued in effective
manner. Hence, CP which is planning for registration as a limited company and thus, profitability
will be maximised in effective way. Moreover, with limited corporation, operations can be
enhanced in a better way and eventually, profits can be increased up to a high extent.

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