BMP4002 - Exploring the UK Legal System and Its Impact on Businesses

This report provides a comprehensive overview of the UK legal system, covering the definition of law, classifications into public and private law (civil and criminal), and the three different legal systems within the UK (England and Wales, Scotland, and Northern Ireland). It details the hierarchy and characteristics of the principal sources of law, including legislation, common/case law, human rights law, and EU law, further analysing their impact on multilingual organizations. The report also examines the direct impact of UK law-making processes on commercial organizations, particularly focusing on employment law and its implications for creating a positive workplace environment. The document concludes by emphasizing how UK law provides a framework for businesses to operate ethically and efficiently, ensuring employee rights and promoting stability.

BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 11 June 2022 at 10:00am
Submission Cut-off Date & Time: Monday 13 June 2022 at 10:00am
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ANSWER BOOKLET
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1. UK classification of law
1.i. Definition of law within UK

The concept of the law is being defined within UK the rule and fundamental doctrine
that need to be followed and obey by every individual otherwise arbitrary cation would be
tend (York, 2022). Further, law is taken as the act of parliament which tend to have the
power and responsibility to create new law and change and make modification in the
existing law. Along with this the process of making law within UK tend to includes and
comprises of the creation and leading out an Act which is raised as a Bill that has been
than needed to be approved by both the House of Commons and the House of Lords and
after which it tend to been given to the Royal Assent by the Monarch. Finally, taken in a
together manner, Acts of Parliament tend to make up that is tend to be known as Statute
Law in the UK.
1.ii. Characteristics of the two main classifications of laws in UK
It has been seen ad find out that the UK law is tend to be classified into two main parts
comprises of the public and private law. The public law is tending to be the one which governs the
relationship and cases that taken between the citizen and the state. While on the other hand the
private law is the one that is tend to govern and represent the relationship between an individual
party or some sort of private organisation. Further, it has been seen that broadly the two main
classification of law of UK are co prises of the civil law and criminal law the main characteristics of
which are discussed and defined as below:
 Civil law: It has been seen that the civil law forms out a part of the private law at the time
when differencing between civil and criminal law and the main characteristics of the civil law
tend to comprises and includes of all the areas that deals with any sort of the negligence
along with contacts disputes, family matters, employment, probate and all sort of land law.
along with the criminal law claims in England and wales tend to includes of the injury to a
person along with committed something wrong as per crucial law the hearing of which is
made for higher values cases are held within the both high court as well as the country
court. If a person is puts up the case that known as claimant and responsible for providing
the civil law that the defendant has committed the crime. And if the clamant wins the case a
recovery amount for the damaged caused is pay by the defendant (Petoft, Abbasi and Zali,
2021).
 Criminal law- The main characteristics of the criminal law comprises of the fact that it
forms a part of the public law. Further, the key characteristics of the criminal law within the
UK tend to describes and brings out the boundaries which are tend to be taken as
acceptable conduct. Along with this, any person who tend to breaks out the criminal law is
considered to have committee the serious offence against the society as a whole and
comprises of strict verdict and harsh legal actions. Further, the criminal case includes of
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detailed investigation, polices arrests and interview the people who are tend to be made
and put under the surveillance. Once the case is tending to resolve the individuals who had
committee the crime is charged and report is sent to the Crown prosecution service (CPS)
(DeMott, 2022).
1) iii. three different Legal systems in UK
The three different legal system that are tending to prevail within UK are listed as below:
 England and Wales- This legal tend to comprises and incudes of the law and legal
system which are administered and control by the courts of the England and Wales and
rule the both civil and criminal manner based on principle of common law.
 Scotland –It tends to present and reflects about unique legal system prevailing within
the acts and based in the ancient Roman law (Wong, 2021).
 Northern Ireland- It tend to present and reflect about the common law system of the
Northern Ireland that is administered by the courts of the Northern Ireland that is having
ultimate appeal to supreme courts of the UK for both civil and criminal matters.
2)UK source of law
2.i. Hierarchy of the principal sources of laws
It has been seen and analysed that the English law is mainly created and tend to have their
main source that comprises of legislation, case/ common law, EU law and the human rights law.
Further, the hierarchy of the principal sources of laws in the English Legal System tend to includes
and comprises of the Legislature, the executives and the judiciary. The legislature is the one who is
having the role in constitution to make a law. While the executives are the crown whose main
function is tend to exercise and function thigh the government consists of the Prime minister and
other authority such as police case services and local authority (Samuel and Kennett, 2020).
Finally, the judiciary tend to includes and comprises of the judge’s function who apply the law in the
cases.
2.ii. characteristics of the sources of laws
The key characteristics of the sources of law has been provided as below:
 Legislation- This source of the law tends to comes for the bodies as well as the
person authorised by the parliament to carte and enact the law. For instance, the
Scotland Act 1998 passed by Westminster Parliament to create a Scottish Parliament.
Further, it has been also seen and find out that the legislation also consolidates and
codify the law and tend to brings all law under the topic based in inclusive of custom.
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Along with this, the legislation passed on the in the acts of the parliament are also
taken as the source of law.
 Common or case law- It also forms a vital source for law making as it reflects the
power of the courts to create law by the way in which the statutes are being
interpreted. It has been seen that the principles that has been decided and declared
souring a base are followed and taken as reference in future cases that give higher
consistency and accuracy in decision that supports a vital source for law making
(Wechs Hatanaka, 2018).
 Human right law- It has been seen that any laws and act such as European
Communities Act 1972 was passed to recognise EU law as part of British laws. It has
been also seen and analysed that the Human Rights Act 1998 tend to became
domestic law and is also acting a base to incorporate the European Convention on
Human Right which lead to criteria of many law to avoid the incompatibility such as the
Anti-terrorism, Crime and Security Act 2001.
 EU law- It comprises of the law oriented and crated by the court of justice and the
European Union that gives interpreting from the ECJ. Further the parliament is also
tend to be bound to adopt the ruling and law making by the ECJ based on recent
decisions and involve the voting rights.
2.iii. the impact of the respective laws on the multilingual organisation
A vital impact of the law is being seen in the multilingual organisation as the law tend to
creates a scene of equality and provide the rights of the vulnerable group so that all employees
and people of the form van work in an ethical and improved manner (Gillespie, 2021). Further,
many laws such as the human rights act and equality law end to supports and encourage the use
of many languages within the private domain thus supports easy working and efficient operations
for the multilingual organisation. Further, along with this, the creation as well as the appreciation of
cultural awareness along with adds academic and educational value, enhances creativity together
with the adjustment in society and appreciation of local languages is also being supported by law
that carets a positive impact on the multilingual organisation.
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3)UK law making process have a direct impact on
commercial organisations
It tends to been seen that the UK law making is having a direct impact on the commercial
organisation as it tend to present the guideline and framework which need to be followed by all
companies operating in UK. In context of the employment law it has been seen that its making
process involves and comprises of undertaking and leading many provisions that covers the rights
of employees in situations mainly in the cases such as dismissal, unfair dismissal, paternity leave,
maternity leave and redundancy (Milman, 2018). Thus, ensures the creation and leading out a
more positive workplace environment for the employees and making it essential for the commercial
organisation to effectively meet all the set human rights as well as the rules related to minimum
wages and other aspects of employment. The making of the employment act within UK has
supported a positive impact on the working of the commercial organisation by the way of leading of
lower staff turnover and reducing the recruitment costs through clearly providing a guideline related
with the appointment and dismissal of the employment along with covering all set guideline for
employment such as leaves, etc. Apart from this, the employment law is also tending to
systematically define and present about the inacceptable behaviour as well as also provide actions
and valid decision during the times of the certainty and stability. Thus, it tends to protect and
safeguard the employee’s rights and also provide an easy mechanism for the commercial business
to resolve all sort of chaos and disputers thus ensures leading of improved and efficient business
operation as well as positive workplace environment free off chaos and conflicts through leading
happier and satisfied employees based on implication provisions of employment law of UK
(Townley, 2022).
Reference List
DeMott, D., 2022. The Platform as Agent Forthcoming in Intermediaries in Commercial Law (Paul S. Davies
& Tan Cheng Han, Eds., Hart Publishing Co.). Available at SSRN 4115717.
Gillespie, J., 2021. Handbook on Space, Place and Law: edited by Robyn Bartel and Jennifer Carter,
Cheltenham, UK, Edward Elgar Publishing, 2021, 410 pp, $382.32, ISBN: 9781788977197.
Milman, D., 2018. Timeline for the development of shares in UK law. In The Company Share. Edward Elgar
Publishing.
Petoft, A., Abbasi, M. and Zali, A., 2021. The Use of Neuroscientific Evidence in the Modern Criminal Law
with Emphasizing on the UK and Canadian Neurolitigation. Medical Law Journal, 15(56), pp.241-
259.
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Samuel, G. and Kennett, D., 2020. The impact of investigative genetic genealogy: perceptions of UK
professional and public stakeholders. Forensic Science International: Genetics, 48, p.102366.
Townley, A., 2022. The Use of a Multi-Perspectival Research Model for a Discourse Study of M&A
Commercial Law Practice. Journal of Applied Linguistics and Language Research, 9(1), pp.64-86.
Wechs Hatanaka, A., 2018. Optimising Mediation for Intellectual Property Law–Perspectives from EU,
French and UK Law. IIC-International Review of Intellectual Property and Competition Law, 49(4),
pp.384-412.
Wong, J., 2021. Sharing terrorism intelligence: insights from UK law enforcement agencies. Journal of
Policing, Intelligence and Counter Terrorism, pp.1-11.
York, S., 2022. UK Immigration and Asylum Administration and Adjudication: Home Office Indifference to
Rule of Law Principles. The Impact of UK Immigration Law, pp.161-195.
The End
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