Business Law Report: UK Legal System Analysis for EBSM Operations

This report provides a comprehensive analysis of the UK legal system, focusing on its implications for businesses. It covers various sources of law, including legislation, common law, and EU law, and their impact on corporate industries. The report details the governmental role in preparing laws, outlining the process from decision-making to royal assent. It also examines the impacts of employment and contract laws on firms, including key legislation like the Sex Discrimination Act and Consumer Protection laws. The report suggests solutions for industrial obstacles, emphasizing company registration procedures and the roles and responsibilities of directors. Furthermore, it addresses the enforceability of civil and criminal laws, offering insights into the legal solutions facilitated by the country and the different frameworks presented. The report aims to guide businesses like EBSM in navigating the UK legal landscape for smooth operations and compliance.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Identifying the various sources of law which must be implicated by the business...............1
P2 Determining the governmental role in preparing laws and explaining framework of
statutory and common law..........................................................................................................3
P3 Identifying the impacts of employment and contract laws on firms......................................5
TASK 2............................................................................................................................................6
P4 Presenting the adequate solution for the industrial obstacles................................................6
TASK 3............................................................................................................................................9
P5 Presenting the justification for the proper legal solutions.....................................................9
TASK 4............................................................................................................................................9
P6 Suggesting the solutions facilitated by country and the different framework presented by
them.............................................................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
In consideration with starting the operations at new place this is essential to analyse the
and understand the legal system of such location. UK is consisted of various laws and regulation
for the corporate industries as well as for the citizens. In the present report there will be
discussion based on various laws and rule which are applicable by UK government, HMRC and
the English legal system to cure with the unlawful acts in the nation. There will be various roles
and responsibilities of employers in consideration with occupational health and safety as well as
alternative dispute resolution system are also influenced to solve maximum cases in legal manner
without entering any case or court. There will be legal solutions suggested to EBSM for
inducting the business operations in UK.
TASK 1
P1 Identifying the various sources of law which must be implicated by the business
In accordance with the English legal system there are various laws and acts are
implicated and imposed by government in terms with giving the adequate care and cure to the
employees and citizens as well as corporate industries to have smooth running of their business.
However, UK is consisted of 4 nations such as England, Wales, Northern Ireland, Scotland.
Therefore, the application of laws is over all the countries in UK (Ormazabal and Puga-Leal,
2016). These laws are being prepared with consideration of human rights and their health and
safety. The English legal system is consisted of various courts and laws, the laws which help in
giving the adequate legal framework of this system such as:
Legislations:
In terms of facilitating the adequate legal solutions to the industries and the citizens in all
the 4 countries in UK the government has imposed various laws and acts. However, mainly the
cats and laws are build in the parliament of UK which is based in London (Partington, 2016).
The parliament is consisted of House of commons and House of lords which in turn helpful for
facilitating the adequate legal solutions to the parties who has influenced by the unlawful
incidents.
Common laws:
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The legislative general of UK presents the legal solution to any case held in England and
Wales. These are the laws which are being prepared and in-acted by the government on the basis
of precedents and past cases. These cases are to be used as example and the laws were based on
the legal solution facilitate by judges on such issues (The Legal System of the United Kingdom,
2017).
European Union law:
The EU is consisted of all the European countries and have their personal laws and
regulations, which are helping the employee and human rights of European citizens. The laws are
enforced after the Britain decided to have exit form the EU group. The main motive of such
legislature is to support the European corporations to have the business in UK by implicating
their policies and treaties in legal practices which are its primary and secondary legislations (EU
law, 2018). Therefore, EBSM will be beneficial by this act as to have the legal business
operations in UK.
The European convention on human rights:
This act is imposed by the government in the legal environment of UK as to secure the
human and employee rights in UK and European countries. The laws are established for
facilitating the legal solutions if any unlawful act incurred (European Convention on Human
Rights, 2017). The main objective of the government is to protect and provide legal solutions to
issues like property, marriage, divorce, abuse, harassments, liberty, security and educations etc. it
will be helpful for considering the human rights on the domestic as well as international basis.
Enforceability of Civil law in England and Wales:
The civil cases which are mainly relevant with the issues like marriage, divorce, robbery,
fraud etc. are to be handle by County courts which are located in each states. Thus, if the issue
rises than it will be transferred to the high courts and the final hearing over such issues will be
heard in such court premises (Picciotto and Mayne, eds., 2016).
Enforceability of Criminal laws in England and Wales:
The issues which are mainly resolved by the Crowns court which has the framework of
arresting the criminal and making investigation over the cases. However, after completion of
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such case the report will be forwarded to Crown Prosecution Service (CPS). Therefore, it mainly
operates the issues such as Murder, robbery etc. (Pisani-Ferry and et.al., 2016).
P2 Determining the governmental role in preparing laws and explaining framework of statutory
and common law
The role of UK government in terms of preparing the laws and acts is based on various
steps and frameworks such as:
Stages Roles
Decision: In every session of the parliament there has
been discussion based on various laws and acts
which are need to be established by the
government. The reports are to be drawn as bill
document to the parliament business and
legislations committee of cabinet (de Silva,
2017).
Bill: In this stage the draft document has been
prepared which in consideration of 3 categories
such as public member, public bills and private
bills. These document contained all the
information of the bill with consideration of its
all rules and regulations.
First reading: In this stage the bill is being received by the
House of Commons to have a reading of drafts
document and then it will be forwarded to the
next step (Making laws, 2017).
Second Reading: At this stage there has been debate took place
among the various MPs from different state
and the majority of the decision will be
considers by the house and then, it will be
passed to the next stage (Pisani-Ferry and
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et.al., 2016).
Committee The bill has been passed to the House of
Committee which in turn helps to modify the
bill as to have a legal look. They also analyse
the norms and conditions over the bill make
various amendments.
Reporting This is the reporting stage where the House of
Committee has proceeds the bill in parliament
and again the debate took place. In such
debated there will be discussion based on the
amendments made by them as well as changes
to be made by government is being considered.
Third Reading This is the final reading where the bills are to
be considered and readded by the MPs and the
voting took place. The majority of opinion is to
be considered by them such as to make
changes in amendments (Robertson and
Kesselheim, eds., 2016).
Royal Ascent After the agreement of both the houses such as
House of Lords and House of commons the bill
than passed to final submission and become the
Act of Parliament.
Imposing the Common and Statutory law:
The application of the common and statutory law which helps in facilitating the
appropriate legal solutions to the individual and corporations. In accordance with common law
which are prepared on the basis of court rulings, precedents and the past cases in order to analyse
the justice system of the court (Storey, 2016). However, the judgement made by judges in
consideration with the common laws are mainly relevant with the solutions made in the pat
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cases. Therefore, the similar category of cases will be resolved by court as per taking the
previous issues as examples.
On the other side the formation of statutory laws are those acts which are facilitated by
the parliament and they are to be known as the act of parliament. However, it will be helpful for
the business in terms of application and determining the adequate solutions (Difference between
Common Law and Statutory Law, 2018). Therefore, it is also known as the session law and have
the substantive operational level.
P3 Identifying the impacts of employment and contract laws on firms
Employment laws: These are the laws which are prepared and presented by the
parliament as to help the individuals to have favourable jobs and opportunities to make
increment in the operational aspects. However, it will be suggested to the EBSM manager to
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have proper information about English legal system as well as understand their roles and
responsibility to help he employees in their health and safety. There are several laws and acts
which are being facilitated by the UK government to protect the employee rights such as Sex,
Discrimination Act, 1975, Employment Protection Act, 1978, Race Relation Act, 1976, Equal
Pay Act, 1970 and Health and Safety at Work Act, 1974. However, in accordance with self
employment the person is himself responsible of having any loss and gains (Iantaffi and Barker,
2017). Therefore, he will be liable to make payments of PAYE and employee rights and
responsibilities.
English Contract laws: The contracts are to be signed among various parties and
businesses as to have the adequate legal solutions. However, in these regards the English
legislatures has presented the laws and acts which will be helpful in terms of protecting the
agreements to have any fraudulent issues (Moore and et.al., 2017).
Consumer protection laws: These are the acts which are presented as to have fair
business operations as well as protecting the rights of buyers. In relation with the same the UK
government has mainly implicated the acts such ads Consumer Credit act, Trade Description
Act, Sale and supply of goods act etc. (ADAMS, 2018).
TASK 2
P4 Presenting the adequate solution for the industrial obstacles
In terms of having the adequate business operations it necessary and essential required
that the owners and the responsible person to the entity must have the registration of the
organisation. However, in accordance with the legal system in UK there are several steps which
are need to be followed (Walters, 2017). Therefore, in this case EBSM need to have operations
in London and there is need to have proper registration of the entity. Along with the same this is
necessary that the directors of this entity need to understand their roles and responsibility
towards the firm and make the adequate increment in the operations of the business. Therefore,
such norms and conditions can be understand as:
Steps to get a company registered:
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Identifying the role of directors:
To have the legal business operations as well as better execution of the work EBSM's
directors need to understand their roles and responsibilities for the jobs they are performing.
However, there are several roles and duties of the directors which are as follows:
 They must obey the rule and regulations which are listed in the AOA of the organisation.
 They are responsible of keeping records of all the reports of company as well as
suggesting the changes are to be made in the operations of the firm (Ormazabal and
Puga-Leal, 2016).
 They are liable to make payment of their personal income tax and the company's taxes at
the end of each period (Running a limited company, 2018).
 The main responsibility of a director is to facilitate and disclose all the details such as
corporate governance, auditing and financial health among the investors or stakeholders
of the firm.
TASK 3
P5 Presenting the justification for the proper legal solutions
To have the proper registration of the entity in EBSM will be beneficial as per the
legislature authority of the nation will help them in making proper registration of the firm in UK.
However, it will be beneficial for the entity to have the preferable operational activities. On the
other side there has been influence of various roles and duties of the directors to have the better
performance of employees and the operations of organisation (Partington, 2016). Their duties not
only lies with the internal activities of the business but they are also responsible to facilitate the
appropriate informations to the external parties.
TASK 4
P6 Suggesting the solutions facilitated by country and the different framework presented by them
In terms with facilitating the adequate legal solutions to the EBSM to resolve the issues
the professionals seek to have advices form the ADR system as to have the adequate solutions to
their problems. Therefore, there will various pros and cons of this legal system which are to be
analysed as follows:
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ADR:
The frame work of EBSM is to help the parties in terms of facilitating the legal solutions
to them without having any influence of the courts and lawyers. However, In accordance with
the operations made by such system is that they analyse the issue and present the judgement with
consideration of all the legal laws and acts. However, in terms of resolving the issue of EBSM
that the firm has entered into several contracts such as buying computers, office furniture and
maintenance (Robertson and Kesselheim, eds., 2016). Thus, they have the disputes in such
transactions and the ADR solutions will be helpful for them as to have the mutual agreement
over any issue and not taking the case to courts and resolving it in legal manner. This technique
is beneficial as it helps in facilitating the quick solution to any issues.
CONCLUSION
On the basis of above study it has analysed that the English legal system in most
powerful and successful system in terms of facilitating the legal solutions to the consumers,
employees and the corporations. However, in accordance with new operational activities is being
imitated by EBSM in UK there are several laws and acts which has been discussed. The business
is benefited as if they follow all the rules and responsibility towards the society and employees in
the organisation. Further, there has been discussion based ADR and the framework facilitated by
them in consideration with having prompt solutions to their issues with considerations of proper
legislations.
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REFERENCES
Books and Journals
ADAMS, A., 2018. ADAMS: Law for Business Students. PEARSON EDUCATION LIMITED.
de Silva, C., 2017. Alix Adams, Law for business students Ewan MacIntyre, Business law. The
Law Teacher. 51(4). pp.527-529.
Iantaffi, A. and Barker, M. J., 2017. How to Understand Your Gender: A Practical Guide for
Exploring who You are. Jessica Kingsley Publishers.
Moore, D. W. and et.al., 2017. Application of ecosystem services in natural resource
management decision making. Integrated environmental assessment and management.
13(1). pp.74-84.
Ormazabal, M. and Puga-Leal, R., 2016. An exploratory study of UK companies' taxonomy
based on environmental drivers. Journal of Cleaner Production. 133. pp.479-486.
Partington, M., 2016. Introduction to the English legal system 2016-2017. Oxford University
Press.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Pisani-Ferry, J. and et.al., 2016. Europe after Brexit: A proposal for a continental partnership
(Vol. 25). Brussels: Bruegel.
Robertson, C. T. and Kesselheim, A. S. eds., 2016. Blinding as a solution to bias: Strengthening
biomedical science, forensic science, and law. Academic Press.
Storey, D. J., 2016. Understanding the small business sector. Routledge.
Walters, A., 2017. Modified Universalisms & the Role of Local Legal Culture in the Making of
Cross-Border Insolvency Law.
Online
Difference between Common Law and Statutory Law. 2018. [Online]. Available
through :<http://www.differencebetween.info/difference-between-common-law-and-
statutory-law>.
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EU law. 2018. [Online]. Available through :<https://europa.eu/european-union/law_en>.
European Convention on Human Rights. 2017. [Online]. Available through
:<http://www.echr.coe.int/pages/home.aspx?p=basictexts>.
Making laws. 2017. [Online]. Available through
:<http://www.parliament.uk/business/lords/work-of-the-house-of-lords/making-laws/>.
Running a limited company. 2018. [Online]. Available through :<https://www.gov.uk/running-a-
limited-company>.
The Legal System of the United Kingdom. 2017. [Online]. Available through
:<https://www.cilex.org.uk/about_cilex/about-cilex-lawyers/what-cilex-lawyers-do/the-uk-
legal-system>.
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