Business Law in the UK: Case Studies and Analysis of Legal Reforms

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TASK 1: Business Law
INTRODUCTION 3. Critical Evaluation of the Legal system through recent reforms
2. Role of the UK Government
1. Organizational Laws CONCLUSIONS
REFERENCES
Brad
Angelina
Solicitors
a. Ordinance of the Government of the UK
Monarch- The existing monarchy system of the UK region can be considered to be
lenient on the higher taxation rates for the organizations to operate. This provides
an aggressive economic environment for the BAS to operate.
Executive- The executive arm of the government of the UK region can be defined as
the acting body to regulate the implicated laws in the business organizations of the
region.
Judiciary- The judiciary arm of the government of the UK region can be defined as
the body to penalize the law opposing businesses.
Parliament- The Parliament is the vital body of the government of the UK region to
construct and pass bills regarding the business policies for the region.
b. The role of the HOC and HOL
The role of the House of Commons (HOC) can be mentioned to be regarding the
issues of the current market in the UK region regarding business policies. As
mentioned by Corbett (2016), the House of Lords (HOL) has the responsibility to
actively monitor and share opinions regarding the decisions of the HOC.
c. Stages of lawmaking procedures
The head of the supreme court is responsible for the decision to legislate in the
court of law for the issues of business organizations in the UK region. The HOC is
responsible for the bill preparation in the UK region regarding the business
policies. The HOC should perform the introduction of the bill to the HOL in the UK
region. The concerned financial ministers and foreign trade ministers should
conduct the parliamentary stages in the HOL. This will initiate the process of the first
reading in the HOL of the UK region. Then will further go through the second
reading stage in the HOC. Then the home minister will determine the
commencement of the committee stage and the report stage through the cabinet of
ministers. Then the third reading in the public forum will initiate the regulation
policies constructed by the HOC. The later stages involve the house lords to gather
the authorization of the royal assent for the business policies in the UK region.
d. Application of the Statutory and Common law
The statutory law (STL) can be defined as the law conflicted by the judiciary system
of the UK region to determine the disciplinary action against the law resisting
businesses. The BAS requires to implicate special attention towards the STL. The
civil law (CIL) regards the STL for the businesses imposing taxation frauds.
However, the criminal law (CRL) regards the CML for the businesses violating the
human rights policies (HRP). The hierarchy of courts regarding the CIL has the
jurisdictions and scope of acting against the business owners imposing fraud
financial reports. The hierarchy of courts regarding the CRL has the jurisdictions and
scope of acting against the responsible employees for violating the HRP in the
region of the UK. The roles of the police in both cases are to detain the accused
until further proceedings. The Crown Prosecution Service (CPS) acts in the CIL
while the Director of Public Prosecution (DPP) acts in the CRL of the UK region.
a. The Woolf Reform (TWR)- The TWR brought a major
revolution in the business markets of the UK region. The
deducted cost values and the developed judicial system for
the court of law have been the major impact of the TWR.
b. Reasons for the reform
The rising prices of the resources and the recent development
in the Brexit with the death of the high street are the main
reasons for the TWR to occur in the region of the UK. The
justified deducted cost values and the proportionate
development of the judicial system for the court of law to
remain accessible for the small and medium business
organization is the reason for the TWR to occur in the UK
region.
c. Technology and construction court- This is a segment
of the Queen’s bench division involving the court of law for
the individuals to appeal for the legal requirements for the
increment and development of the organizations.
Mercantile court- This is a part of the CIL to act as the
judicial guide for the traders to implement taxation
regulations in the industries of the UK region.
Admiralty- This reform is a part of the Commonwealth laws
(CWL) of the UK region formed in the year 1998 for the
welfare of the business organizations to establish in their
possessed properties.
Alternative dispute resolution- This reform has formed an
independent judicial body in the UK region for the mitigation
of disputes regarding the ownership of the organizations.
d. Law courts of administration
The administration of the UK government runs along with
the family and the youth court of justice. The basic function
of these courts is to determine the issues and impose
regulations over the family and youth operation in the
organizations of the UK region.
Common law (CML)- The judicial system
of the UK region is responsible for the
proceedings based on CML. According to
Schwartz and Scott (2016), law-abiding
organizations should maintain the customs
of the local region and the principles in the
legal stature.
Equity law (ETL)- The judicial systems
determines the interest of the ownership of
the BAS through the viable ETL. As
mentioned by Wilson (2017), the
possession, remedy, and benefits of the
organization is recognized through the
ETL.
European Union laws (EUL)- The active
EUL regarding the BAS abides the market
of the social economy in the region of the
UK. The recognition of the custom factors
in the union and the market based on
common factors are recognized by the
EUL (Dörrenbächer and Mastenbroek,
2019).
The business law for BAS in the UK region has been
described to be in favor of the firm. The organizational laws
of the UK region and the role of the government of the area
have been mentioned to determine the current legal situation
to be measurable and justifiable for BAS to continue in the
region.
The critical evaluation of the legal system described through
the Wolf Reform can be stated to be in the goodwill of BAS.
The potential impact of the CPL, EML and the CTL has been
mentioned to require BAS to follow the regulations of the
UK region.
The analysis of the potential impacts of the regulations,
legislation, and standards has been mentioned to impose
positive effects on BAS.
The business law for Brad Angelina
Solicitors (BAS) in the UK region has
been described in this study.
The organizational laws of the UK
region and the role of the government
of the area have been mentioned to
determine the current legal situation of
the region.
The critical evaluation of the legal
system has been described through the
recent reforms incorporating the Wolf
Reform.
The potential impact regarding the UK
Laws has been included in this study
to understand the Company Law
(CPL), Employment Law (EML) and
the Contract Law (CTL).
The analysis of the potential impacts
of the regulations, legislation, and
standards has been mentioned to
determine its effects on BAS.
Corbett, A., 2016. Research and higher education: UK as international star
and closet European?. The Political Quarterly, 87(2), pp.166-173.
Dörrenbächer, N. and Mastenbroek, E., 2019. Passing the buck? Analyzing
the delegation of discretion after transposition of European Union law.
Regulation & Governance, 13(1), pp.70-85.
Fudge, J., 2017. The future of the standard employment relationship: Labour
law, new institutional economics and old power resource theory. Journal of
Industrial Relations, 59(3), pp.374-392.
Howells, G.G., 2017. The European Union's Influence on English Consumer
Contract Law. Geo. Wash. L. Rev., 85, p.1904.
Kane, E.J., 2018. Ethics versus Ethos in US and UK Megabanking. Journal of
Financial Services Research, 53(2), pp.211-226.
Schwartz, A. and Scott, R.E., 2016. The Common Law of Contract and the
Default Rule Project. Va. L. Rev., 10(2), pp.15-23.
Wilson, S., 2017. Law and Equity, and “Law and History” as a Resource of
Critique. Pólemos, 11(1), pp.23-40.
4. Potential Impact of the UK Laws
Company law- According to Kane (2018), this law abides the discrepancies in the
organization regarding ownership, management, and development. The Salomon vs
Salomon case regards the law to mitigate the issues regarding the ownership of the
company among the brothers. The BAS is in a mutual state of ownership and has no
dispute for the ownership of the private organization.
Employment law- This law can be defined as the law based on the recruitment policy of
the organizations in the UK region (Fudge, 2017). The test of control through the Walker
vs Crystal Palace FC 1910 can be mentioned to be in favor of the Walker for the
unethical recruitment process applied by the organization in the UK region.
The integration test of Cassidy vs. Ministry of Health 1951 was lenient towards the
individual for the racism charges imposed on the defender. The multiple tests regarding
the Ready Mixed Concrete Ltd. vs Minister of Pension and national insurance 1968 can
be mentioned to be abiding towards the recruitment of the senior citizens in the
organizations for the benefit of experience.
The mutuality obligation test regarding the O’Kelly vs Trust House Forte Plc 1983, can
be regarded as the first case registered in the racism context of the recruitment process.
Contract law- As mentioned by Howells (2017), this law helps to mitigate the issues
regarding the contractual imposition of the organizations in the UK region. The Carlill vs.
carbolic smoke ball 1983 and the Adams vs Lindell 1818, regards the patent issues of the
individuals against the organizations.
5. Analysis of the potential impacts of regulations,
legislation, and standards
The legislation of the UK region enforces the laws
against the law restricting organizations of the
region. This forms a basic impact of the
organizations to follow the regulations provided by
the HOC of the UK region.
The regulations are the general policies that imply
the guidelines for the organizations in the UK
region to maintain a positive environment at the
workplace.
The standards of the UK region regarding the
organization states and impacts for the benefit of
the Commonwealth laws in the region.