Exploring UK Business Law: Criminal Law, Civil Law, Courts and ADR

This essay provides an overview of business law in the UK, defining law and exploring its sources, including statutes and case law. It differentiates between criminal and civil law, highlighting the role of torts in civil matters. The essay traces the historical development of the UK legal system from the reign of King Henry II, discussing the structure of criminal courts (Magistrate and Crown courts) and civil courts (High Courts, County Courts, and Tribunals). It also examines Alternative Dispute Resolution (ADR) methods like mediation, conciliation, and arbitration, emphasizing their cost-effectiveness and efficiency in resolving disputes outside of traditional court settings. The essay concludes by summarizing the key aspects of the UK legal system and the benefits of ADR.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................3
REFERENCES:...............................................................................................................................4

INTRODUCTION
Business law is the law that provides rules and regulations for the operation of the
business. It is mandatory for every business to follow these laws laid down by the legislature of
the country(Arrowsmith, 2018). There are various types of business law such as employment
law, contract law, etc. the organisation have to comply with these business laws in order run its
business smoothly.
MAIN BODY
The term law can be defined as the rules and regulations that are mandatory to followed
by the citizens of the country. According to the views of Austin law is defined as the command
of the legislature which is supported by the sanctions. There are three elements of law namely
command, sovereign and punishments. So, as a whole, the defaulters who do not follow the law
have to face the punishments as established by the law. It binds the people and organisation to
behave in a particular manner(Biard, 2019). It mainly describes the conduct of the people for
whom such laws are made. Moreover, there are mainly two sources of law namely primary and
the secondary source of law. The primary sources are those sources that has established the law
in a codified manner. It includes laws made by the legislature and judicial precedents. The
secondary sources of law are those sources that aids the primary source in making law. It is not
the codified form of law(Hardman, 2020). Instead, they are derived from the customs,
discussions ,etc. for instance, legislature debates, journals are the sources of primary law.
The term law statues means those law that are enacted by an authorised body who is
responsible for making the laws in the country. These laws are framed by the due process carried
on by the legislature of the country in the codified form. These law have being given assent by
the Queen of UK(Palombo, 2019). These laws are bind able on the citizens of the country.
Further more, case laws are those laws that are derived from the courts of the country. Case laws
are the decisions of the cases decided by the high court and supreme court of the country. These
laws are bind-able on every citizen of the country. These are the judicial precedents that are bind
able on the subordinate courts of the country. Further more, the law can be divided into two
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categories namely criminal and civil law. The criminal law are those laws that deals with the
criminal matters. On the contrary to this civil laws are those laws that deals with the civil matters
of wrongful act. The tort is a type of civil law. Generally, the civil law includes the matter that
causes monetary damages to the parties(Strickson and De LaIglesia, 2020). On the contrary to
this, the criminal law includes the matter that are of very serious nature. It generally cause loss to
life or body to the aggrieved party of the case.
The system of law in UK has its wide history. It has started from the rule of King Henry
II. He ruled from 1154 to 1189. during that time period mainly all the customary laws are
replaced by the national laws for the whole country. Moreover, these laws are applicable to every
citizen of the country. Further, its evolution can be seen from the early middle ages which is
ruled in the courts of Curia Regis. This is the single court for Westminster that is situated near
London. These laws only contains the provisions related to the procedural laws. It does not
provide provisions for the punishments. Moreover, the criminal law of UK provides for the
provisions related to criminal matters held in the country. There are various institutions that
operates the criminal system such as police, crown prosecution and system of prison in UK. The
criminal courts in UK are mainly divided at two levels namely the Magistrate courts and the
Crown courts. The Crown court is always dominant on the Subordinate courts. There are
minimum three judges in the Magistrate courts headed by the District judge. There are twelve
jury members and one judge in the Crown courts of UK(Taylor, 2018). The judge of Crown
court gives judgement only on the serious matters that risks the life of the aggrieved person in
the case. They are also given power to give sentence to the criminal in the criminal cases. The
civil courts are also divided into various levels. It includes high courts, Queen Bench division,
Chancery division, Family division, Property courts , Business courts and County courts.
The tribunals are also established at various levels. The Upper tribunal and First tier
tribunal makes a unified codes for the tribunals that are established in UK. These tribunals has
replaced the tribunals that exists before it like land tribunal, income tax tribunal and immigration
tribunal. The major benefit of tribunal is that it is widely applicable to whole country. It is
applicable to all the states of the country. It decides case in short period of time as compared to
the courts of the country(Wilson and Strevens, 2018). Moreover, the ADR is the Alternate
Dispute Resolution whose main work is to solve the disputes of the parties of the case outside the
court. It is very cost efficient and requires less time for giving the judgement of the case. The
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different types of ADR includes the mediation, conciliation, negotiation, etc. there are also
various types of arbitration present in the country like post arbitration, National arbitration,
Investor arbitration, etc. Mediation resolves the conflict between the parties and acts like a
mediator. Moreover, ADR is cost efficient and gives decision in a very short period of time.
CONCLUSION
The above essay concludes about the law in the country. It explains about the ADR and
its benefits in the legal system of the country. It also summarises the criminal and civil law of the
country. It also explains about the different types of courts established in the country.
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REFERENCES:
Books and Journals
Arrowsmith, S., 2018. The Law of Public and Utilities Procurement Volume 1 & 2: Regulation in
the EU and the UK. Sweet and Maxwell.
Biard, A., 2019. International Commercial Courts in France: Innovation without
Revolution. Erasmus L. Rev., 12, p.24.
Hardman, H., 2020. In the name of parliamentary sovereignty: conflict between the UK
Government and the courts over judicial deference in the case of prisoner voting
rights. British Politics, 15(2), pp.226-250.
Palombo, D., 2019. The duty of care of the parent company: A comparison between French law,
UK precedents and the Swiss proposals. Business and Human Rights Journal, 4(2),
pp.265-286.
Strickson, B. and De La Iglesia, B., 2020, March. Legal judgement prediction for uk courts.
In Proceedings of the 2020 the 3rd international conference on information science and
system (pp. 204-209).
Taylor, R.B., 2018. Late to the party: chronicling the role of the courts in the continuing
evolution of UK public law. Comparative Legal History, 6(1), pp.124-151.
Wilson, J.C. and Strevens, C., 2018. Perceptions of psychological well-being in UK law
academics. The Law Teacher, 52(3), pp.335-349.
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