Exploring UK Business Law: Sources, Structures, and Dispute Resolution

Desklib provides past papers and solved assignments for students. This report explores UK business law, covering sources, structures, and dispute resolution.

Business Law
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Table of Contents
Introduction................................................................................................................................................3
Section 1....................................................................................................................................................4
Task 1- (LO1 & LO2)................................................................................................................................4
a) Discuss the meaning of this statement and discuss the various sources of UK Laws (P1)...4
b) Explain the role of government in the lawmaking process and how statutory and common
law is applied in the justice courts (P2)..............................................................................................6
Recent reforms and developments in the legal system (M1)..........................................................7
c). Using specific examples to illustrate how the company, employment, and contract law has
a potential impact on business. (P3)..................................................................................................8
Impacts of regulations, legislation, and standards (M2)................................................................10
Evaluation of the legal system and law, with evidence drawn from a range of different relevant
examples to support judgments (D1)...............................................................................................11
Task 2- (LO3)..........................................................................................................................................12
Exploring the nature and formation of different types of business, critically evaluate the
differences between unincorporated and incorporated business making reference to how they
are managed and funded; advantages and disadvantages of a partnership and that of a
company (P4)......................................................................................................................................12
How business organizations are managed and funded (P5)........................................................14
The advantages and disadvantages of the formation of different types of business
organizations (M3)..............................................................................................................................16
Critically review and evaluation of the types of business organizations (D2).............................17
Section 2- (LO4)......................................................................................................................................18
In both cases, you are to recommend an appropriate legal solution to resolving the disputes
using case laws or statutes to support your recommendation (P6).............................................18
Compare and contrast different sources of legal advice and support for dispute resolution
(M4)......................................................................................................................................................20
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Evaluate the effectiveness of legal solutions, legal advice, and support for dispute resolution
(D3).......................................................................................................................................................21
Conclusion...............................................................................................................................................22
References..............................................................................................................................................23
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Introduction
In the English legal system, the role of the UK government is very crucial for maintaining
law and order in the country. The law of the English system has the unique feature that
is based on the judicial precedents and the decisions of the UK court binding on the
subordinate courts so as to take it as a reference to resolve the similar matter of same
nature in the near future. The law of the United Kingdom is very crucial for the growths
and development of the country. It also helps to resolve both the civil and criminal
matters and follow the English laws that are based on the principles and each branch of
the UK legal system has abode by the principles of the legal so as to maintain
disciplines in the official working of different government departments. In this context,
this assignment consists of various law sources such as statutes, common law, EU law,
and delegated legislation. The lawmaking process of the government is very important
to maintain the law and order in the country and taking immediate action against
misleading and unfair practices. The law in the UK classified into criminal and civil law.
In this, the legal person is liable to take action against the injustice. Any legal persons
can become liable legally or pursue to take legal action to get justice. This includes a
natural person and an artificial person, for example, a corporation. It also consists the
effectiveness of the English legal system in the context of the recent reforms and
developments in the UK and also involves the critical evaluation of the law of the
English legal system with the help of the relevant laws and their respective judgments.
This assignment also describes the impact of the company law, employment law, and
contract so as to explain the impact all over the businesses in the UK. This assignment
also consists types of organizations and also explains how the businesses are managed
and controlled. Further, it also includes the advantages and disadvantages that relates
to the formation of the different types of organizations and critically evaluates the
organizational and its types. Furthermore, it also consists the legal solution to resolve
the problems of businesses and also consist the legal advice to resolve the disputes
between the parties and also considers the effectiveness of the advice legal solutions
that support the resolution of disputed in the organizations.
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Section 1
Task 1- (LO1 & LO2)
a) Discuss the meaning of this statement and discuss the various sources of UK
Laws (P1).
In the UK, the speech is delivered in the Parliament sessions in both the house that
include Houses of Commons and Houses of Lords by the Queen of Monarch in the UK.
The important aim behind this speech is to introduce the laws between the citizens of
the UK. Parliament is the main and superior authority in the lawmaking process and
able to guide all the citizens of the UK. For such purpose and the development of the
laws, there are various sources of law that are considered for the process of law making
are mentioned below:
Precedents- Judicial authorities enacted the principles of precedents and the
judgments passed by the judicial authorities consider as the base to take decisions.
Precedents are those cases that are already decided by the courts and it considered as
the benchmarks for the subordinate courts to take decisions for the cases involve of
similar nature and matter.
Common Law- Common is the most important source of law that assists in the
enactment of various laws in the United Kingdom. Common laws are those laws that are
practiced by the people from the long period of time.
Legislations- Legislations is the important law source and assist in delegating the
power fro upper authorities to the lower upper authorities.
International Courts- These are the courts that assist in resolving the dispute between
the different countries or nations (Besson and d'Aspremont, 2017). These come into
force with the help of several treaties arrangements between the different nations.
In the case of Blackburn v Attorney-General [1971] 2 All ER 1380, the court held that
no treaties are taken into consideration unless it gets authorizations of the Parliament.
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European Courts- These courts attract the matter that involves issue regarding the
European member and the rules and regulations of the European Union bind and must
comply by its members.
The act of Parliament- The Parliament is responsible to enact several statutes and has
the supreme power to formulate the laws, the laws that are enacted by the Parliament
are applicable all over the UK and its noncompliances attracts penalty (The judicial
office international team., 2016).
Pierson v Secretary of State [1998] AC 539, in this case, the court held that each and
every court must comply the hierarchy of the Parliament and its formulation of the laws
as the statutes were ordinary and constitutional st6stutes.
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b) Explain the role of government in the lawmaking process and how statutory
and common law is applied in the justice courts (P2).
The lawmaking process in the UK involves the government. The role of the government
and the Parliament is important in the process of making law in the UK. The laws are
enacted by the Parliament by considering its required in the country so as to maintains
the discipline in the country. The government drafted the bill as per the requirement of
the nation and their citizens. The lawmaking process categories the process of
lawmaking into various stages (GOV.UK., 2013). These include:
First Reading is the first stage of the lawmaking where the Bill title is read in front of the
Houses that is the Houses of Lords and Commons.
Second Reading is the second stage where the bill and its contents debated by both
the Houses for its acceptance.
Committee stage- This is the third stage which includes deeply examination of the bill
and its contents and makes the amendments as per the requirements (Zander, 2015).
Report stage- This is the stage is only entertaining if the amendments are introduced in
the prior stage.
Third Reading- In this stage, the Houses and their members have the last chance to
get the bill amended by voted on the bill.
If the Houses of Commons give the consent of the amendments but the Houses of
Lords introduce further changes that the bill is again sent to the Houses of Commons by
following the same procedure. After with the mutual consent when both the Houses are
agreed with the Bill and its amendments then the bill is finally sent to the Monarch for
final consent (Partington, 2015). After receiving the consent of the Monarch the bill
becomes the law.
Application of statutory and common law
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In the legal system of the UK, the Common Law includes Company law, Contract law,
Employment law, and statutory law includes the Employment Rights Act, 1996 and
Equal Opportunity Act, 2010.
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Recent reforms and developments in the legal system (M1).
For the growth and development of the country, there are several reforms and
developments in the legal system of the UK. One of the famous reforms is the
development of the virtual courts. These are the courts that make the court proceedings
via video conferencing. Further, formulation of the special courts entertains the matters
of special category and for such purpose, new laws are enacted as per the requirement
of the country (Wortley, 2018). Further several provisions are made regarding the
employment allowances, ratings related to the performance and taxation policies
regarding payments.
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c). Using specific examples to illustrate how the company, employment, and
contract law has a potential impact on business. (P3)
The laws related to the company law, employment law and contract law have several
impacts on the operations of the business. There are several acts that are applicable
and affects the functioning of the business are mentioned underneath:
Equality Act, 2010- This act is responsible to maintain the equality among employees
at the place of occupation. This act provides equal opportunities to each and every
employee for equal treatment against the unfair treatment. This act ensures that no
discrimination is prevailing, on the basis of protected characteristics. These include sex,
gender, nationality, marriage, disability, pregnancy, and sexual orientation.
English Contract Law- This law provides protection to the contractual parties against
the fraud and misleading provisions in the contracts (Cartwright, 2016). This protects
the right and liability of the contractual parties and ensures that the parties meet the
expectations of the contracts.
General Data Protection Regulation- This regulation provides protection to the
personal information or data that is collected by the organization and ensures that they
remain safe so that no unauthorized person access it (Nadeau, 2018). It is the
responsibility of the employer to comply with the regulations so as to conduct the
function fair and transparent manner.
(Health, Safety, and Welfare) Regulations, 1992- This regulation main aim is to
ensure that the health and safety of the employees remain protected and secured. This
regulation involves the employers to take safety p[precaution while handling the
hazardous equipment and provide necessary training to the employees before they
dealt with the activities of a dangerous nature.
Equal Pay Act, 1970-This act main aim is to provide equal pay to the worker according
to their capability and capacity (Taylor and Emir, 2015). The payment must be equal to
the work they perform. This provides protection to the employee against the unfair
payments.
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Companies Act, 2006- This act is responsible to regulate the functions of the
businesses true, fair and transparent manner. This act ensures that the Board of
Directors performs their responsibilities as per the legislation and policies and
procedures and ensures that all the compliances should be done within the specified
period of time frame. This act provides protection to the shareholders and their interest
in the company.
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