Impact of UK Legislation on Business Operations and Dispute Resolution

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

Business Law

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) Use 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)..............................................................9
Evaluation of the legal system and law, with evidence drawn from a range of different relevant
examples to support judgments (D1).........................................................................................10
Task 2- (LO3)................................................................................................................................11
Exploring the nature and formation of different types of business (P4)....................................11
How business organizations are managed and funded (P5).......................................................12
The advantages and disadvantages of the formation of different types of business organizations
(M3)...........................................................................................................................................13
Critically review and evaluation of the types of business organizations (D2)...........................15
Section 2- (LO4)............................................................................................................................16

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)............................................16
Compare and contrast different sources of legal advice and support for dispute resolution (M4)
....................................................................................................................................................19
Evaluate the effectiveness of legal solutions, legal advice, and support for dispute resolution
(D3)............................................................................................................................................20
Conclusion.....................................................................................................................................21
References......................................................................................................................................22

Introduction
Business laws are the laws which assist in regulating the operations of the business in an ethical
way. This law governs both the issues related to the public and private laws. This law assists in
how to govern the business operations and establish the rules and regulations that abide by the
business organizations. In this assignment, the impact of the legislation is discussed and
describes the different law sources by explaining the government role in the process of
lawmaking that applied in the courts of justice. It also explains the role of laws that assist
business operations and potentially impact business operations. Further, this assignment also
assists the types of organizations and the way they are managed and funded with different
organizational source. It also depicts the merits and demerits for the formation of the business.
Moreover, it also recommended solutions to issues that are given in the scenario and also
recommend the appropriate legal solution that assists both the parties in resolving the disputes
out of the court.

Section 1
Task 1- (LO1 & LO2)
a) Discuss the meaning of this statement and discuss the various sources of UK Laws (P1).
The Queen's speech that delivers in both the Commons and Lords House which formulates the
government policies and plans that satisfies the law requirements of the country. For this
purpose, the role of the effective and efficient laws plays an important role to establish the laws
for the nation. To provide consideration to the governmental laws there are different law sources
are assist the government and the parliament to establish the laws for the country. These sources
are mentioned underneath:
European Union laws- European laws are the laws that are enacted by the European courts that
must comply and abide by the members of the European Union (Besson and d'Aspremont, 2017).
It is important that the members of this Union must comply with all the rules and regulations of
the European court.
Legislations- Legislations is the essential sources that assist the Parliament to put it forward in
the form of a bill. This required several stages for the bill to become the act which includes First
reading, Second reading, Third reading and finally the consent of the monarch.
Common Law- Common laws are the laws which are practice by the group of individuals and
community from the long period of time. These laws are also taken into consideration which is
already formulated by the courts and with the assistance of those laws news laws are enacted or
implement the changes in the existing laws.
Law Journals- This source assists in providing information about the laws and research in
various legal matters and provides information related to the changes in the long standard laws
(SOAS Library., 2012).
Parliament and Non-Parliament Publications- This source includes the nonparliamentary
regulations that are generated by the department of individual and agencies. It becomes quite
difficult that the content is parliamentary or non- parliamentary.

Judges- Judges are the one who assists in the overall proceedings of the court and trials by
considering the evidence provided by the barristers.
Solicitors- Solicitors are those individuals who are legally authorized for drafting the documents
to resolve the legal matters.
Barristers- Barristers are the one who is experts to play the advocacy roles and opinions to the
legal experts.

b) Explain the role of government in the lawmaking process and how statutory and
common law is applied in the justice courts (P2).
In the process of law making the government and the Parliament, role is important and essential.
In this context, the bill has to pass with the stages of amendments and approvals by involving the
Houses of Commons and Lords. This process includes the arms of government such as Monarch,
Executive, Judiciary and Parliament. For becoming an act the bill includes the procedure for
making the law for the country. This procedure involves several stages that are explained below:
First Reading- In this stage, the bill and its contents are reading in front of both the Houses that
are Houses of Lords and Commons.
Second Reading- After the end of the first stage, this stage assists the discussion on the bill by
both the Houses i.e. the Houses of Lords and Commons (GOV.UK, 2013).
Committee Stage- The next stage is the committee’s stage, where the bill is discussed by both
the houses and recommends changes for further changes and amendments.
Report Stage- In this stage, the changes that are recommended in the previous stages are again
considered and recommended on this stage.
Third Reading- In this stage, the bill is finally voted by members of both the Houses.
After the end of the stage of third reading, the Lords House recommend implementing further
changes then the bill has to follow the same abovementioned procedures for the consent of the
Common House. After getting the consent of both the house the bill is required final monarch
consent. After receiving the Monarch’s consent, the bill becomes the act.
The UK judicial system includes two laws that are civil and criminal laws (Kadish, et. al., 2016).
Where the civil laws that deals with the matter of civil wrongs and provides the right to the
claimant to claim compensation against the wrongdoings. On the other hand, the criminal laws
deal with the crimes of criminal nature and the police investigation on the matter to know the
information related to the crimes and then the case is handled by the Crown Prosecution Service.

In the UK, the courts are categorized into several categories which include that the upper most
court is the Supreme court, then the Court of Appeal, then the High Court of Justice, the country
courts and in the end Tribunals.

Recent reforms and developments in the legal system (M1).
To make the legal process easier and flexible, there are numerous reforms is enacted by the
government. For dealing the matters of commercial nature, the mercantile court plays an
essential role. The next reform is the Admiralty who is responsible to handle the affairs of the
Marine department of government who has the responsibility of the England Navy. The next is
the development of the virtual courts which assist the courts to perform the proceeding with the
assistance of the video conferencing. Further, the Fixed Term Parliaments Act gives each and
every person equal right of participation in the elections (Hogarth and White, 2018). After that,
the succession of the Crown which is in the females hands not the males.

c) Use specific examples to illustrate how the company, employment, and contract law has
a potential impact on business. (P3)
Company Law
To regulate the business operations as per the government rules and regulations, the role of the
contract law is crucial and essential. For this purpose, the Companies Act, 2006 is enacted for
performing business operations and also provide guidance to bind the employers and employees
for their acts. Corporate is the separate legal entity from its members which sued and can be sued
by the company own name (Legislation.gov.uk. 2019). The company can be categorizing into the
company limited by shares or company limited by guarantee. If the company is limited by
guarantee then the members are liable for contribution for which they guaranteed for and if the
company is limited by share then the members are liable to contribute the amount at the time of
whining up of the company up to their holdings in the share. In this type of business, the
directors are responsible to handle the operations of the business as per Section 171 to 177
mentioned under the act.
Employment Law
To guide the rights and duties of the employers and employees the role of the employment is
essential for providing protection to the employees and their rights as per the contractual terms
and conditions according to Section 230(1) of Employment Rights Act, 1996. This section also
provides protection to the employees against the unfair or breach of contractual terms and
conditions. According to the case O’Kelly v Trust House Forte Plc 1983 where the court held
that the Tribunal possess the right to intervene in the matters of employment if the operations are
conducted in an unfair manner even if no appeal lies. This act depicts the relationships between
the employers and employees for the successful running of the organizations.
Contract Law
This law saves the contractual parties against the unfair terms and conditions in the contract and
breaches the contract for fulfilling any misleading purpose. This provides the right to the
innocent party to claim compensation against the wrongful breach (Poole, 2016). For the valid

contract it is important that the contract fulfills all the essentials of the contract such as offer,
acceptance, considerations, the privacy of contract and parties must be competitive. According
to the case of Adams vs Lindell- 1818 where the court held that if any change in the terms and
condition of offer then the other party is not responsible for the acceptance of the contract.

Impacts of regulations, legislation, and standards (M2).
The impacts of the regulations, legislation, and standards assist in regulating the laws in the
nation. Regulations assist the business organization to perform the operation of the business
according to the rules or directive made by the authority and it provides guidelines to the
businesses while entering into the specific transactions. Legislations are those laws that are
enacted by the legislatures or the other body of government. These are basically the actions for
enacting the laws. On the other hand, the Standards are the ways to perform something and
include the specification for managing and production of the product or while supplying services
(The judicial office international team, 2016). These are the model of guidance which depicts the
particular pattern for performing the operations of the business.