Legal Framework and Legal Solutions: Company Registration and ADR

This report delves into the English legal system, examining its sources of law, the government's role in law-making, and the impact of contract and employment law on businesses. It evaluates the effectiveness of the legal system and discusses the problems associated with different sources of law. The report differentiates and analyzes the potential impacts of regulations, legislations, and standards. It then outlines the steps for company registration and suggests solutions to address various business problems, providing justifications for these solutions and assessing their positive and negative impacts. The report further explores Alternative Dispute Resolution (ADR) and compares the effectiveness of different solutions. Finally, it outlines routes for obtaining legal advice and identifies alternative sources of legal guidance.

THE LEGAL
FRAMEWORK AND
LEGAL SOLUTIONS

Table of Contents
INTRODUCTION...........................................................................................................................4
TASK 1............................................................................................................................................4
English legal system....................................................................................................................4
Sources of law.............................................................................................................................4
Role of government in the law making.......................................................................................5
Impact of contract and employment law on the business...........................................................6
M 1- Evaluating the effectiveness of legal system and discussing the problems of different
sources of law. ............................................................................................................................6
M 2- Differentiating and analysing the potential impacts of regulations, legislations and
standards. ....................................................................................................................................6
D 1- .............................................................................................................................................7
TASK 2............................................................................................................................................7
Steps to be taken to register the company...................................................................................7
Solutions for the business problems............................................................................................9
Justification for the solutions......................................................................................................9
M 3- Assessing the positive and negative impacts of business solutions...................................9
D 2-..............................................................................................................................................9
TASK 3..........................................................................................................................................10
Explaining and analysing ADR ................................................................................................10
Solutions based on a country's legal system or a different framework.....................................10
M 4- Comparing and contrasting the effectiveness of these solutions......................................10
TASK 4..........................................................................................................................................11
Route for obtaining the legal advice.........................................................................................11
Alternative sources of legal advice...........................................................................................11
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Legal system is the procedure which is made to understand all the laws and legislations in
better way. This shows the rules and regulations which are to be followed by people or any type
of the institute. This system is the life blood of the country because it makes safe, secure and
healthier environment. Legal system also maintains law and order in the country. This report
includes about the different sources of the law that the organisation needs to comply with (Capra
and Mattei, 2015). Role of government in making the law is explained. In addition to this, impact
of employment law and contract law is analysed. Moreover, solutions are suggested to solve the
problems.
TASK 1
English legal system
Legal system is considered to be the process which shows about the different laws and
legislations which are to be followed by the people and every organisation or institute. There is
an English legal system which consists of civil and criminal laws. The decisions of the cases in
these laws are made by the judges in the court. Their decision must be followed by all the parties
involved in the case. The English legal system is applicable in many countries. A proper
hierarchy is followed in this system. In this, the last decision is made by the Supreme court.
Their decision is to be followed by all. This court is above all other courts (Partington, 2016). It
is supported by them that UK should trade with all EU countries even after the Brexit.
There is a contrast between European codified model and English legal system. European
codified model is that which shows specific changes in some specific areas of the laws. Code is
made for the same. This model helps the legal system to make the right decision in accordance
with the laws of European countries. UK has never stopped those counties to trade with them.
That's why English legal system and European codified model are contrasted with each other.
Sources of law
There are many sources of laws which are necessary to be followed by the organisation
who is existing or the new one who is planning to be established in that country. Many issues can
rise if the organisations do not comply with these laws. Those sources of laws are as follows: European union law- This source of the law is made in contrast with the EU laws. Many
specific laws are handled under this. Those laws can be employment law, contract law,

company law etc. Contract law states about the various obligation which are to be
followed while entering any type of contract. Company law states about the procedures
which are to be followed while registering the company. It also states about the various
rules and regulation which must be followed by every company. Employment law shows
the rules and policies which are to be followed in the relationship of employer and
employee (Martin, 2014). This law also states about the various guidelines to be followed
in the organisation in accordance with the employees. It makes sure to make safe and
secure environment for the workers. Statutory laws- This is the most important law of UK. This contains the specific laws
related to the security, health, contract, insurance etc. Statutory law is that source which
prohibits any type of negative activity on the time of following any legislation which is
specified or included in this. Not following this law can create problem for the
organisation. Common law- This source of law is made in the English legal system by giving the
specific judgement. This law is in accordance with the culture and customs of English
persons.
 Jurisprudence- It is that source of law which works in the direction of development of
law. This protects many rights of the which are given to the humans. This is to make the
safe and secure environment in the country.
These are some sources of the law which are included in the legal system. These are
made for proper and effective working of all organisations.
Role of government in the law making
There are many parties which are involved in the process of making law. The most
important role is of government. They keep an eye on working of all the organisations to make
the changes in the legislations wherever needed. This is done by them to stop all the practices
which are making the negative impact on the safe and secure environment of the country. At
first, for making the law the authorities do proper research to find about the various risks and
issues associated with it (Hutchinson and Stanhope, 2014). Government takes the last decision of
making the law. Bills which are to be passed are first fully and properly checked by the
government, then the decision is taken to pass them or not. This states that government has very

important role in making the law. No law can be made and implemented without considering the
final decision of the government.
There are statutory and common laws which are applied in the court in different ways.
For the case of common law proper research is needed. In the first stage decisions of lower court
rules. On the other hand, statutory laws are written specifically. The court just needs to apply it
on the specific case.
Impact of contract and employment law on the business
There are many legislations which are made in relation with the contract and
employment. It is mandatory to be followed by every organisation. These laws have the great
impact on the business. It makes the organisations to follow all the ethical processes or
procedures which are stated in the employment and contract law. The European Business School
of Management will have to follow these two laws in order to establish business in UK (Finch
and Fafinski, 2014). Employment law will guide them to make better relationship between
employer and employee. Contract law will show them ethical and proper process to enter in the
contract with anyone.
M 1- Evaluating the effectiveness of legal system and discussing the problems of different
sources of law.
Legal system is very much effective. It makes the organisations to know and understand
about the various guidelines and standards which are to be followed by them. There are many
diversified laws which are included in this system. It became easy to understand all the laws
which are essential and to be followed by the different types of companies.
There are many problems which are associated with the different sources of law. It
becomes difficult for the organisation to understand and follow all the laws in their working
style. The decisions made in relation with these laws takes time.
M 2- Differentiating and analysing the potential impacts of regulations, legislations and
standards.
There is the difference between the legislations and regulations. Legislation is the term
which is used for the laws which are made in order to work with the fair means (Chan and et.al.,
2014). On the other hand, regulation is the term which is used for showing the process to check
that legislations are being followed or not.

D 1-
As discussed, the legal system is the term which shows about the different types of laws
which are to be followed by the organisations. Such as statutory laws which are already written.
They are needed to be just applied on the specific case.
TASK 2
Sole traders-
It is the company which is started by the single individual. These are established to fulfil
the basic needs. It has the advantage that all the profits are enjoyed by the single owner only. On
the other hand, it has the disadvantage that all the risks will also be faced by one person.
Partnership
It is the organisation which is made by two or more persons. It has the advantage that all
the decisions are taken while considering point of view of all the partners. It also has
disadvantage of creating conflict between partners in relation with the profits or operations.
Registered company
These are companies who are registered as per the company law. There are many
advantages which are carried by these businesses. The legal problems which will be faced by the
registered companies will get resolved smoothly.
Steps to be taken to register the company
To form the registered company, the EBSM have to follow some steps.
 At first, they have to decide the type of the company. They have to choose that limited
company is to be formed or the unlimited one. For this, they have to do proper research
on the advantages and disadvantages of different types of company. It will help them to
choose the better option.
 On the second stage, The European Business School of Management have to decide the
unique and attractive name for the company. The name should be like that which will
gain the attention of many people towards them. Name which will be decided should be
in accordance with the various rules which are made by government. This is because the
government restricts some names to be chosen for the name of the company.

 At the third stage, the cited organisation has to gather all the information and documents
which are needed while registering the company. The documents should include about
the agenda and nature in which direction the company wants to work.
 On the fourth stage, The European Business School of Management have to prepare the
memorandum and articles of association. The memorandum will include the standards
and articles will include about the rules which are to be followed by the company in their
working style.
 On the fifth step, the cited organisation has to send the request to companies’ house in
order to register the company (Freedland and et.al., 2016). There are many formats in
which request can be sent. Like, filling the online form etc.
 At the sixth step, the organisation has to wait for the approval of request to register the
new company. The cited firm has to wait because they can't do any business activities
before the approval of companies’ house.
 On the seventh stage, the company after the approval as the new company has to hold the
board meeting. In the meeting, essential things will be discussed with the directors of the
company.
 At the eighth step, the new organisation has to set the book or documents which will
include the various information about the directors and other members. In the book name
of the directors, their address, secretaries, shareholders and their share in profits etc. will
be mentioned.
 On the ninth step, certificate will be given to the shareholder which will show about the
share (Walsh, 2015). It should be done in the board meeting which is hold at first.
 At the last and tenth step, the new company have to complete other tasks after their
registration. The other works include opening the account in bank, making the website
etc.
Registered company gains many advantages as compared to the non-registered company.
Issues which arises in the organisation will be effectively handled because of this. The European
Business School of Management will be able to handle all the legal issue which will rise in the
effective manner if they will register their new company by completing each and every step in
the proper manner.

There is very important role of directors in the registered company. They are hired to
handle the business activities of the organisation. They have to manage all the accounts and
records of the company (Ware, 2016). All the records of the company should be maintained in
the electronic or the written form. All the registration activities of the firm are to be managed by
the directors.
Solutions for the business problems
There are many problems which can be raised in the company. Problems and their
appropriate legal solution are as follows:
 Problems in registering the business- Every new company goes with this problem
(Adriaanse, 2016). For resolving this, they have to follow all the steps which are written
in the law for the registration.
 Changes in the tax rates- Changes made by the government in the tax rates creates
problem for the business. For resolving this problem, the organisation has to be updated
with all the laws and legislation which are related to it. It will make them implement the
method which will help them in solving the issue.
Justification for the solutions
The solutions which are suggested will help the company to solve all the issues in
effective manner. It will make them grow and get developed further in the market.
M 3- Assessing the positive and negative impacts of business solutions.
Positive impacts
The solutions suggested for resolving the problems will make the performance of the
company more effective.
Negative impacts
It is very difficult for the organisation to keep updated with all the changes in the laws
and legislations.
D 2-
The legal solutions which are suggested to solve the problems of business are very
effective and efficient (Walsh, 2015). These problems can also be solved by knowing the
experience of other organisations to the same problem. It will help them to resolve the matter in
better way.

TASK 3
Explaining and analysing ADR
ADR stands for the Alternative Dispute Resolution. It states about the various methods or
measures which can be used to solve the conflicts and disputes outside the court. The European
Business School of Management is willing to adopt this system to handle all the disputes with
their suppliers. It is very helpful in creating the peaceful environment between all the parties
which are in some relation with the organisation. One method of ADR is mediation, in this third
party is included to solve the issue (Alternative Dispute Resolution, 2017). This party first listen
to all the arguments of both the parties involved in the dispute and then take the decision. The
mediator tries to solve the problem by creating mutual understanding between both.
There are many benefits of using the alternative dispute resolution process. This
procedure of resolving the disputes saves the time which can be wasted if it will go to the court.
Confidentiality is maintained by solving the problem in this manner. The cited organisation using
this process will be able to solve all the issues outside the court only. It will save their time
which they can use in the more important activities. Company working in the country will have
to deal with many parties like their suppliers. In the process of dealing it is sure that issue will
definitely be created at some point of time. Those issues can be effectively handled if the
organisation uses alternative dispute resolution process. By taking the matter to the court will
take time. That's why ADR process is the best measure to solve the issues.
Solutions based on a country's legal system or a different framework
Arbitrator can also be appointed to solve the issues of The European Business School of
Management. It will make them solve the issue in the legal way (Betancourt, 2017). Technique
of negotiation can also be used to resolve the problem.
M 4- Comparing and contrasting the effectiveness of these solutions.
As compared to the mediation method, measure of arbitration is more effective.
Arbitration will include the member which will not be related to any of the parties included in
the dispute, because arbitrator is appointed by the legal framework (Menkel-Meadow, 2015). On
the other hand, mediator is decided by the company only and might be related to the parties.

TASK 4
Route for obtaining the legal advice
There is the very specific route which is to be followed for seeking the advice from
barrister. At first the individual have to apply for the advice of barrister. They play very
important role in this activity. Main role of barrister is the court. They handle many cases of
courts. The case which falls in their specification or knowledge, that case will be handled by
them.
Alternative sources of legal advice
There are many other sources too which can be used for seeking the legal advice. That
can be neighbourhood advice, legal consultants etc. Neighbours help in solving conflict situation
by understanding both the parties properly. On the other hand, there are many people who works
as the legal consultants. Their advice can also be taken to solve the legal problems and issues.
CONCLUSION
This report includes about the English legal system and its evaluation. It is found that
there are many sources of laws which are included in the system. It is very important for the
organisation to keep updated with all the changes in the laws. In order to form the new company
and get it registered, following the proper steps is very much important.

REFERENCES
Books and Journals:
Adriaanse, M. J., 2016. Construction contract law. Palgrave Macmillan.
Betancourt, J. C., 2017. Alternative Dispute Resolution (ADR) and access to justice: An
introduction.
Capra, F. and Mattei, U., 2015. The ecology of law: toward a legal system in tune with nature
and community. Berrett-Koehler Publishers.
Chan, W. and et.al., 2014. New Employment Contract Law: Focuses and Implications for
Hoteliers. International Journal of Hospitality & Tourism Administration, 15(3), pp.298-
313.
Finch, E. and Fafinski, S., 2014. Law Express: English Legal System 5th edn. Pearson UK.
Freedland, M. and et.al., 2016. The contract of employment. Oxford University Press.
Hutchinson, O. and Stanhope, A., 2014. Optimize English Legal System. Routledge.
Martin, J., 2014. English Legal System. Routledge.
Menkel-Meadow, C., 2015. Mediation, arbitration, and alternative dispute resolution (ADR).
Partington, M., 2016. Introduction to the English legal system 2016-2017. Oxford University
Press.
Walsh, D. J., 2015. Employment law for human resource practice. Nelson Education.
Ware, S., 2016. Principles of Alternative Dispute Resolution. West Academic.
Online:
Alternative Dispute Resolution. 2017 [Online]. Available through:
<https://www.law.cornell.edu/wex/alternative_dispute_resolution>.