I.
Introduction
Slade Legal is a well-known law firm in the region, offering specialized guidance and
support for individuals, families, and businesses. Our team comprises legal professionals
with extensive knowledge and skills in various areas of law. In my role as a paralegal at
Slade Legal, I provide valuable insights into the legal system and important laws that
clients need to understand and adhere to.
II. Body
1. A concise overview of the legal and judicial system in the UK.
The UK legal system comprises a collection of establishments, regulations, and
processes designed to oversee the dispensation of justice. Its role is to facilitate the
resolution of conflicts, uphold the law, and safeguard the rights of individuals
(StudySmarter, 2024).
Civil law is a legal system deals with conflicts between private parties, excluding
criminal matters. It offers a structure for resolving disputes where the state doesn't
prosecute individuals for crimes, unlike criminal law (Keenan & Riches, 2008).
Common Law is a legal system where judges develop laws through decisions in cases,
which then serve as precedents. These precedents can inspire new legislation.
(MacIntyre, 2018).
Theocratic law is based on religious principles, where laws are dictated by religious
texts or authorities, emphasizing moral and religious duties, often regulating various
aspects of life. Customary Law comprises unwritten rules derived from traditional
practices and values considered lawful in a society, lacking official documentation and
relying on historical practices and traditions (StudySmarter, 2024).
Law refers to the regulations that dictate human conduct within a civilized society.
These rules are established and announced by humans and are subject to alteration
through human intervention (ICLR, 2018).
Law plays a crucial role in maintaining public order and societal harmony, often
referred to as "law and morality." It enables and encourages cooperative behavior among
individuals and acknowledges the significance of such actions within society (Sims,
2021).
UK Legal System:
In the UK, a constitutional monarchy is in place, with the monarch as the Head of State
rather than a president. The monarch's powers, including the duty of political neutrality,
are guided by convention. England and Wales operate under a common law system,
where legislation is passed by Parliament, comprising the Monarch, the House of
Commons, and the House of Lords (StudySmarter, 2024).
Classification of law:
Criminal law establishes unlawful acts, governs the arrest, prosecution, and trial of
suspects, and determines punishments and rehabilitation methods for convicted
individuals (Jescheck and Norton, 2024).
Legal systems can be classified in various manners. Public law oversees interactions
between individuals and the state, while private law governs relationships between
individuals. Criminal law addresses offenses against society, whereas civil law manages
conflicts between private parties. Civil law predominantly relies on written codes
(Uollb, 2023).
The House of Lords served as the highest court in the UK, functioning as the Supreme
Court of Appeal. It served as the ultimate authority on legal matters for the entire
United Kingdom in civil cases and for England, Wales, and Northern Ireland in criminal
cases (UKSupremeCourt, 2022).
The Court of Appeal in England and Wales is a top-tier court beneath the UK Supreme
Court . It may consider new evidence if necessary for justice, uphold or reverse lower
court decisions, it cannot impose harsher sentences unless referred by the attorney
general for leniency (Britannica, 2024).
The High Court of Justice in London is the top court for England and Wales. It handles
significant civil law cases initially and oversees all lower courts and tribunals, with some
exceptions (Britannica, 2024).
The Crown Court manages severe criminal cases, such as 'indictable only' or 'either
way' offenses, defendants sentenced in Magistrates' courts but referred to the Crown
Court, and appeals from Magistrates' court rulings (Judiciary, 2022).
Magistrate Court: In the UK, magistrates' courts serve three legal systems: Criminal
Justice, Civil Justice, and Family Courts. While some elements are shared, each system
has unique rules, procedures, and evidence requirements. Magistrates also handle
various other responsibilities (Gibson, B., Watkins, M.,2009).
The Supreme Court serves as the top appellate court for civil and criminal cases
nationwide, ensuring the legality and fairness of lower court rulings. Its judges, known
as "Justices," interpret the law and establish legal precedents (Law, 2024).
Court of Appeal separated into Civil and Criminal Divisions, reviews decisions from
lower courts and tribunals. Led by the Master of the Rolls and the Lord Chief Justice, its
role is to correct errors or injustices in lower court rulings, rather than re-examine the
case facts (Law, 2024).
The High Court handles intricate civil cases and consists of three divisions, each with
specific jurisdiction. Experienced judges oversee these courts, ensuring legal
proceedings' validity, interpreting laws, and delivering verdicts or sentences based on
case details (Law, 2024).
County Courts shaped entirely by statutory law, handle civil cases, excluding divorce
and bastardy. Their procedures are governed by rules reviewed by a committee of
judges, registrars, and practitioners. The system initially handling small-debt cases
(Hogg, 1985).
Tribunals: Tribunals in the UK, while separate from the court system, were established
to provide a quicker, cost-effective, and less formal avenue for contesting administrative
rulings and resolving private conflicts (Malleson, K., Moules, R., 2010).
The judiciary, comprising courts and judges, interprets and applies the law to ensure
fair resolution of disputes and uphold justice within the country's legal system (Reuter,
2024).
2. Describe various origins of legal principles.
The UK legal system relies on eight primary sources of law for its development.
Case law, also known as judicial precedent, is law established and determined by courts
and judges. This principle mandates that courts must adhere to and implement legal
decisions set forth by higher courts in prior cases (University of Strathclyde, 2024).
Laws of equity are an addition to common law. Equity law is applied in cases where
common or civil laws do not sufficiently provide legal redress because of its universality
(Keenan & Riches, 2018).
Legislation is formed through Parliament delegating law-making authority to the
Government, mainly through primary legislation. Legislation is often offering flexibility
to adapt to changing circumstances or technological advancements (UK Parliament,
2024).
In English law, custom refers to ancient local rules rather than the country's common
law. While it remains valid, the influence of custom has diminished compared to
common law due to cultural homogeneity in modern times (Britannica, 2024).
A convention is an unwritten agreement on parliamentary procedures, widely followed
though not legally binding. Sometimes, new conventions are established to address
specific procedural challenges (UK Parliament, 2024).
Statutes, crafted by the UK Parliament from bills initiated in either the Commons or the
Lords, become Acts upon agreement by both Houses and receiving Royal Assent from
the Monarch. These Acts, termed 'primary legislation,' stand independently without
relying on other legislative authority (UK Parliament, 2024).
European law encompasses legal principles and traditions shared among European
countries. However, it commonly refers to supranational laws, particularly those of the
European Union, which harmonize the legal systems of most European nations
(Britannica, 2024).
The European Convention on Human Rights (ECHR) is an international treaty among
the 47 member states of the Council of Europe. Governments that ratify the ECHR
pledge to uphold specified standards of conduct and safeguard the fundamental rights
and freedoms of individuals (AmnestyInternationalUK, 2023).
3. Describe the government's function in legislation and how statutory and common
laws are employed in courts of justice.
There are 9 stages in law making process.
The initial stage: The government will collect proposals to prepare for drafting bills and
creating documents (Pannel & Sargeant, 2022).
The draft bill: The government will contact lawyers from the Parliament Advisory
Office to draft paragraphs for the first time in the UK Parliament (Pannel & Sargeant,
2022).
The first reading: The government will hold the first reading session of the bill with the
purpose of reading the title of the bill, setting a time for second reading of the law and
the bill will be introduced to the public (Pannel & Sargeant, 2022).
The second reading: The government will hold a second reading to pass the bill with the
purpose of letting MPs discuss and write the law (Pannel & Sargeant, 2022).
Committee stage: The government will hold a committee meeting to examine the bill
and consider making amendments (Pannel & Sargeant, 2022).
The report stage: The government defends the bill from opposition critiques, addresses
MPs' queries, and proposes amendments to address concerns. Negotiations with the
opposition and backbench MPs aim to achieve consensus on amendments that align with
the government's policy objectives (Rasch & Tsebelis, 2015).
The third reading: This is the step that determines the success of the bill, where MPs and
ministers will consider the amended law and vote to unify the bill (Pannel & Sargeant,
2022).
House of Lords stage: The bill will be sent to the Housse of Lords of the United
Kingdom. If approved by HOL, the bill will be sent to the King. If HOL refuses to
amend the bill, the bill will be sent back to HOC (Pannel & Sargeant, 2022).
Royal Assent: The Monarch will consider the bill. If the Monarch accepts, the bill will
be turned into an Act of Parliament and published publicity before the citizens of
England. If Monarch rejects, the bill will be sent back to the HOL (Pannel & Sargeant,
2022).
Statutory law
Definition: New Gresham Library (2022) identifies statutory law as written legislation
enacted by a legislative body.
Explaination: According to StudySmarter UK (2024), statutory law refers to written and
codified legislation enacted into the legal system to promote clarity and consistency.
Created by: Statutory laws are created by Parliament consisting of the Monarch, HOL
and HOC (New Gresham Library, 2022).
How judges make decisions in court: Statutory law is designed to be clear and
unambiguous, with strict rules that prevent courts from making subjective decisions
when applying it (HG.org, 2010).
Example: According to the Accounts and Auditing (Amendment) Regulations 2022, the
Auditing and Accounting Industry Court imposed a fine on KPMG for providing false
and misleading information and documents to the FRC (Reporting Financial Report)
with a fine of up to 14.4 million pounds (Alvarez, 2022).
Common law:
Definition: Instead of written laws, case law refers to legal principles established by
judges' decisions in past court cases. These principles are then applied to similar
situations in future cases (Snook, 2022).
Explaination: Case law is unwritten, unenacted, uncodified law that is relied upon in the
interpretation and application of law in similaw cases in the future (StudySmarter, 2024).
Created by: Case law is created by judges (Snook, 2022).
How judges make decisions in court: Judges will determine penalties based on the
principle of “staring fish” decisions, which is to say based on previous case precedents
(Snook, 2022).
Example: An advertising firm, Hedley Byrne, relied on a bank's positive
recommendation to do business with Heller & Partners. However, due to customer
defaults, Hedley Byrne suffered financial losses. They sued the bank for negligence,
claiming the misleading information prevented them from exercising proper caution.
The lawsuit cited the legal precedent set in the Derry v. Peek (1889) case (LawTeacher,
2023).
4. Provide specific instances demonstrating the potential influence of company,
employment, and contract laws on businesses.
Company law refers to the collection of rules and regulations that govern the formation,
management, operation, and ressurance of a business (The legits, 2022).
Act: Company Act 2006
Element: The duty to act within powers
Regulation: A company director must adhere to the company's constitution and only
utilize powers for their designated purposes.
Impact:
Improved Decision-Making: By requiring directors to act within their powers, the Act
encourages well-considered decisions aligned with the company's objectives.
Reduced Risk of Invalid Actions: If a director exceeds their powers, their actions may
be declared invalid, protecting stakeholders from decisions made outside the company's
legal authority.
Penalty:
Severity of Violation: The penalty will depend on the severity of the violation. A minor
transgression may result in a warning, while a major breach could lead to
disqualification.
Intention of Directors: If the directors acted recklessly or with intent to deceive, the
penalties are likely to be harsher.
Specific example: Under the CEO powers provisions, the company can only approve
investments not exceeding £30,000, but the CEO of We Work Community Workspace
arbitrarily approved an investment worth 35,000 pounds without notifying the board.
Employment law is a law that regulated an agreement between employers and
employees which defines and regulates their relationship.
Act: Employment Rights Act 1996
Element: Duties of Employers - The Working Time Regulations 1998 (WTR)
Regulation: Employers must ensure workers' average weekly working time, including
overtime, doesn't exceed 48 hours. Workers can exceed 48 hours in a week as long as the
average over a rolling 17-week period remains 48 hours or less (Lewis Silkin, 2024).
Internal impact: Adhering to employment law ensures compliance and protects
employee rights, fostering trust and boosting morale, productivity, and retention.
Violations, however, undermine trust, leading to low morale, absenteeism, and legal
risks, which can increase operational costs and divert resources from core activities.
External impact: Adhering to employment law minimizes fines, lawsuits, and
reputational harm, enhancing legal standing. Compliance builds stakeholder confidence,
fostering better relationships and opportunities. Violations damage reputation, leading to
negative publicity, loss of stakeholders, and hindered growth.
Example: Company We Work Community Work Space requires its employees to work
a 55-hour week on average, exceeding the 48-hour average limit set by the WTR.
Employees are not offered the option to opt-out of the extended hours.
Penalty: Violating employment law in the UK can lead to fines, compensation
payments. Penalties vary based on the severity of the violation and specific
circumstances, highlighting the importance of compliance to protect employees' rights
and avoid legal consequences.
Contract Law operates under the principle of 'party autonomy,' meaning that parties
have the freedom to establish their own terms and conditions, provided they don't
contravene any legal regulations or public policy (StudySmarter, 2024).
Element: Genuine Consent
Rule: "Genuine consent" in a contract signifies the voluntary agreement of all parties.
For a contract to be legally binding, all parties must genuinely consent, indicating their
understanding of the terms and consequences of the agreement (Akasel, 2022).
Impact: Genuine consent ensures fairness, justice, and equity in contractual agreements,
safeguarding individuals from coercion, fraud, and undue influence (Akasel, 2022).
Example: Company We Work Community Workspace decides to implement a new
remote work policy. Before enforcing the policy, they conduct a survey and workshops
with employees to gather their opinions and feedback. Afterwards, the company adjusts
the policy based on the feedback received, ensuring that it reflects the desires and needs
of the employees.
5. Assess the efficiency of recent legal system reforms and advancements.
In 2015, under the National Minimum Wage Regulations, the national minimum wage
for employees aged 21 years or older was £6.50 per hour. In amendments in 2022 raised
the minimum wage to £9.18 per hour for employees in the same age group. These
adjustments aimed to assist workers in fulfilling their basic requirements, alleviate
poverty, and promote economic stability (Personio, 2023).
Raising the national minimum wage benefits citizens by improving living standards and
reducing reliance on government aid. It also helps companies by boosting employee
retention and cutting recruitment costs. However, it can increase operating expenses for
businesses, potentially leading to higher costs and job losses (Maverick, 2022).
Adhering to the National Minimum Wage Act ensures compliance and fosters financial
stability for businesses like We Work Community Work Space. These amendments have
significant impacts on businesses, employees, and society, with compliance safeguarding
business rights.
An example of a company in the United Kingdom could be ABC Retail Ltd. In 2015,
ABC Retail Ltd. paid employees aged 21 and over the national minimum wage of £6.50
per hour. After the amendments in 2022, the company had to adjust the minimum wage
to £9.18 per hour for employees of the same age group. This change aimed to support
workers in meeting basic needs, reducing poverty, and promoting economic
stability (IvyPanda, 2023).
The above example shows that raising the minimum wage is completely effective. This
change aimed to support workers in meeting basic needs, reducing poverty, and
promoting economic stability. The Office for National Statistics (ONS) reported that
Britain's unemployment rate remained steady at 3.7% from the three months ending
in January 2023, compared to the preceding three months ending in December 2022.
6. Examine how businesses may be affected by distinguishing between legislation,
regulations, and standards.
Legislation encompasses statutes crafted by Parliament to govern the rights and
responsibilities of individuals, delineating acceptable behaviors within society.
Regulations, on the other hand, provide detailed instructions on the enforcement of
laws, thereby imbuing them with the force of law and ensuring compliance. Meanwhile,
standards serve as guidelines or requirements for products, services, and systems,
aiming to uphold standards of quality, safety, and efficiency. Together, legislation,
regulations, and standards form a comprehensive framework for regulating various
aspects of societal conduct and facilitating the smooth functioning of legal systems.
General relationship:
Legislation affects Regulation and Standards: Legislation creates the legal framework
for the development and application of Regulation and Standards. The regulations in
Legislation must be specified and guided in detail in Regulation and Standards.
Regulation affects Standard: Regulation is the bridge between Legislation and
Standard. The Regulation stipulates specific requirements that must be met to comply
with Legislation, thereby serving as the basis for the development of the Standard.
Standards affect Legislation and Regulation: Standards measure compliance with
Legislation and Regulation, ensuring quality in products, services, and works, thereby
enhancing efficiency in implementation.
Adidas specifies that employees should work a maximum of 48 hours per week, with
exceptions allowing up to 60 hours per week in unforeseen circumstances, though
overtime may also occur due to workload (Adidas, 2024). Standards dictate that
employees should not exceed 60 hours per week, including overtime, except in rare
cases, and must receive at least 24 hours of continuous rest per seven-day period, along
with paid annual leave. This aligns with the Working Time Regulations (WTR) 1998
in the UK, which cap weekly working hours at 48 (with opt-out provisions) and limit
daily work to an average of eight hours. Overall, the standards that Adidas offers comply
with the Regulation in WTR 1998.
Evaluation: Adidas has implemented working hours rules, but they have not fully
complied with them. They still recommends employees to work 60 hours a week, but
Adidas has ensured that employees receive overtime pay. This will have a positive
impact on the company, helping employees earn more income and improving
productivity. The regulations on working hours can create a positive work environment
and enhance Adidas's reputation for legal compliance and social responsibility.
General impact: Legislation defines legal duties, regulations provide practical guidance,
and standards enhance quality and competitiveness. Compliance ensures legal
conformity, operational efficiency, market access, and consumer trust. Understanding
their impact helps businesses meet obligations and maintain competitiveness.
7. A thorough and analytical assessment of the UK legal system and its laws,
supported by various pertinent examples to substantiate critiques.
Law maintains public order and societal harmony, fostering cooperative behavior and
acknowledging power structures within a state (Sims, 2021).
The UK legal system include the statutory law and case law.
Applying statutory law offers clarity and consistency in legal standards, reflecting
legislative intent and enabling adaptability, yet it may be rigid and complex, leading to
ambiguity and potential influence from special interests.
Applying case law provides precedents for consistent decision-making and legal
guidance but may lack flexibility and adaptability to address new or evolving
circumstances.
In the UK case Lee v Ashers Baking Company Ltd & Ors [2018], the Supreme Court
addressed Gareth Lee's discrimination claim against Ashers Baking Company for
declining to make a cake endorsing same-sex marriage. The court determined this refusal
as direct discrimination on the grounds of sexual orientation, breaching the Equality Act
2010. This case highlighted the Act's importance in preventing discrimination and
advancing equality in goods and services. It demonstrates statutory law's role in ensuring
fairness, equality, and safeguarding individual rights.
In Donoghue v. Stevenson [1932], the judge applied the legal principle of "duty of
care" in common law, ruling that manufacturers owe a duty of care to consumers.
Stevenson breached this duty by producing a defective product harmful to Donoghue's
health, resulting in compensation for damages (LawTeacher, 2023). This case influenced
product liability law and consumer protection in the UK, clarifying legal
responsibilities and safeguarding individual rights.
In the R v. R (1991) case, the judge applied criminal laws and penalties under the UK
legal framework, particularly regulations related to rape offenses. This included
provisions from the Sexual Offences Act of 1956 and other statutes on sexual offenses.
The ruling established accountability for marital rape, marking a significant shift in legal
perspective and promoting women's rights (LawTeacher, 2023). This case illustrates
how case law adapts to societal changes, promoting justice and equality.
Overall, the UK legal system is a complex but fair and effective system that plays a
vital role in protecting the rights of individuals, regulating of conduct business activities
and in promoting order and stability in society.
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