Table of contents
I. Introduction..................................................................................................................................2
II. The UK legal system...................................................................................................................2
1. Definition of the legal system..................................................................................................2
2. Legal system in UK..................................................................................................................2
3. Court system............................................................................................................................3
3.1 Civil division..........................................................................................................................3
3.2 Criminal division....................................................................................................................4
III. Source of law.............................................................................................................................4
IV. Role of government in making law...........................................................................................6
V. The way statutory and common law applied in justice courts....................................................7
VI. Effective of legal system in reforms and developments............................................................7
VII. Impact of company, employment and contract law.................................................................8
VIII. Impact of legislation, regulation and standard........................................................................9
IX. Conclusion...............................................................................................................................10
Bibliography..................................................................................................................................11
I. Introduction
In December 2020, the British vegan food business VFC Foods opened for business. The
business specialises on developing products for fried chicken that are made without meat.
As a paralegal in Allen and Overy (London office), I will provide some information about the
legal system and key legislation to help the company apply in their business activities.
apply.
II. The UK legal system
1. Definition of the legal system
A system is regarded as concepts or practises for classification. "Of or related to law; being
under the gaze of law" is another definition for the word "legal." Based on the definitions of
"legal" and "system" given above, one might define a legal system as the rules or techniques for
categorising laws, subjects, or processes associated with them. In addition to any guiding
principles, norms, or doctrines that apply to them and have legal status in a certain community, it
may also be referred to as a collection of laws. ( Olamide, 2016 )
2. Legal system in UK
The British Monarchy is one of the constitutional monarchies. In a constitutional
monarchy, the king or queen is the only source of political power since they are immune
from constitutional limitations and hold the position of head of state by hereditary right. In
this system of government, power is shared between a monarch and an elected
administration. The constitution grants the remaining authority to the legislature and
courts. (British Monarchist League, 2014).
As part of the common law system in England and Wales, laws are enacted and precedents are
established by case law. A group of individuals known as Parliament creates laws. The Queen,
the House of Commons, and the House of Lords are the three houses of parliament that pass
legislation. (House of Commons, 2011 )
3. Court system
3.1 Civil division
According to The Incorporated Council of Law Reporting for England & Wales,
a. The UK Supreme Court is situated at the top of the tree. Founded in 2009, the Court of Appeal
for England, Wales, and Northern Ireland replaced the House of Lords as the last appeal court in
the UK. The chief executive is the president, and the vice president is the vice president. The
Supreme Court (JSC) has nine justices in total.
b. Proceedings involving civil law and family justice are appealed to the Court of Appeal from
the High Court, Tribunals, and some County Court cases.
c. The High Court
There are three primary divisions within the High Court:
1. The Queen's Bench Division (or King's Bench Division) deals with ordinary civil law
concerns such as negligence, breach of contract, defamation, and violation of statutory
requirements.
2. The Chancery Division Business: insolvency, real estate, trusts, taxes, and wills are among
the specialised civil law areas
3. The Family Division: custody and welfare disputes, divorces, spousal support disputes, and
property disputes are handled
d. The County Courts: Civil cases that are less than £5,000 in value as well as those that are more
complex and challenging fall under the jurisdiction of the County Courts. Debt repayments,
contract breaches involving goods and property, personal injuries, family issues (including
divorce and adoption), housing matters (including recovering rent and mortgage arrears and
regaining possession), and enforcement of prior county court judgments are just some of these
cases.
e. The Tribunals : In addition to asylum and immigration, the Tribunals deal with compensation
for criminal injuries, social security, education, employment, child support, pensions, tax, and
land disputes. Appeals to the relevant division of the High Court can be made against a Tribunal.
3.2 Criminal division
According to The Incorporated Council of Law Reporting for England & Wales,
a.The Criminal Division of the Court of Appeal hears criminal appeals from the Crown Court.
b. A Crown Court punishes an offender who has previously pleaded or been proven guilty. Due
to the nature of the offence, this defendant was brought to the Crown Court for punishment by a
magistrate's court. The court also considers a magistrate's court appeal.
c. Magistrates’ Courts: Over 90% of criminal matters are handled in magistrates' courts. The
following are the types of crimes that fall under the magistrates' courts' criminal jurisdiction:
• Making decisions on moderately serious offences that are "triable either way," unless the
prisoner insists on having their case heard in the Crown Court
• Dealing with pre-trial issues, such as bail, reporting requirements, etc., with regards to the most
serious offences.
• If their own sentence power is insufficient, sending cases where the defendant has pleaded or
been found guilty to the Crown Court for punishment.
III. Source of law
1. Case law
Case law describes the legal rules that have been established as a result of court rulings. Case law
is created when court rulings on how to interpret and apply the law to particular situations are
combined, as opposed to laws that are included in legislation and adopted through the legislative
process. The decisions of higher courts are enforceable by subordinate courts in the U.S. legal
system. The principle of stare decisis, which typically calls for courts to follow the precedent set
by earlier court judgments, is another rule that courts abide by. ( Taylor, 2015 )
2. Equity
Both a common and a technical definition exist for equity. Equity is commonly used to refer to
fairness, justice, morality, fair play, equality, etc. We're talking about being decent and acting
morally. Equity is the legal department of the law that the Court of Chancery applied and
managed prior to the Judicature Act of 1873 coming into effect. (Gitari, 2018)
3. Legislation
The word 'legislation' means the 'making of law'. Legislation is important as a source of law
because it is upheld by the sovereign's power, passed by the State, and officially recognised by it.
Legislation has been employed in a number of different contexts. It incorporates all legislative
techniques. Specifically, it refers to any laws that the sovereign or any other person or
organisation that he has granted authority to has enacted.(Petkov & Krastev, 2018)
4. Custom
Custom is simply defined as long-standing customs or unwritten laws that have taken on a legal
or mandatory status. Custom was regarded as the genuine source of law in ancient cultures and
was one of the most significant sources of law. The significance of custom as a source of law has
decreased through time and with the rise of modern civilization, while other sources like
legislation and court precedents have become more significant. (Petkov & Krastev, 2018)
5. Convention
While Parliament is not obligated to follow conventions, they are generally followed even when
they are unwritten. Sometimes, to address a specific procedural difficulty, a new convention is
agreed upon. ( UK parliament, n.d )
6. Act of Parliament
A legislation or an Act of Parliament is a piece of legislation that has been authorised by the UK
Parliament. Before becoming law, a bill must first be introduced in the Commons or the Lords. A
bill becomes an Act when it is approved by both Houses of Parliament and receives the Royal
Assent. As they stand apart from other forms of legislative power, acts are referred to as
"primary legislation." ( UK parliament, n.d )
7.European Union Law
More commonly and explicitly, the term "European law" is used to refer to supranational law,
particularly that of the European Union, which unifies the great majority of the continent's
national legal systems.(Carozza, 2015).
8. European Convention on Human Rights
As a part of the initial attempt to unite Europe after the war, the Council of Europe drafted an
international treaty known as the European Convention on Human Rights (ECHR). One of the
first countries to ratify the ECHR, the United Kingdom was crucial to its advancement.
IV. Role of government in making law
Initial Interest: The government may create a "green paper" or "white paper" to lay out the
specifics of the required legislation. The government is publishing draught and pre-legislative
laws more often to provide interested parties—including businesses—the chance to comment on
the ideas and offer a second level of scrutiny. ( Marson and Ferris, 2020 )
The draft Bill: The Parliamentary Counsel Office's attorneys consult with the appropriate
government ministries to determine the type and parameters of the law the government seeks to
pass (possibly in response to a pledge made in the Queen's address at the beginning of
Parliament) before drafting the bill and presenting it to Parliament for consideration. ( Marson
and Ferris, 2020 )
According to Rab in 2021, in a nutshell, the steps that must be taken for a bill to become an Act
of Parliament are:
• The first reading: At this stage, it is formal. The title of the bill is read before publication.
• The second reading: The primary House of Commons discussion on the core ideas of the bill is
covered in this stage.
• Committee stage. This stage's goal is to carefully review the bill. It still has room for change at
this point.
• Report stage. In the event that the legislation is changed in committee, the House must have a
report stage and vote on any changes. The Speaker may decide which amendments will be
discussed.
• Third reading. The idea will now be assessed in its complete form. The MPs have one last
chance to vote on the plan right now.
• The House of Lords stages: This stage begins with the third reading of the Commons. The
procedure is like the Commons. The bill must be reintroduced to the Commons if the Lords alter
it. It is possible that the measure would be sent back and forth between the Commons and the
Lords until constitutional reform ended the debate.
• Royal Assent: An Act of Parliament is a bill that has received Royal Assent and has become
law. The Act may suspend the commencement date, which may be determined by delegated
legislation.
V. The way statutory and common law applied in justice courts.
1. Common law
There are two sorts of common law, often known as case law: One in which court rulings
substitute for existing statutes as new legislation, and the other in which judges reinterpret
existing statutes to establish new boundaries and distinctions. (Jasuja, Sehgal, and Odile (2013).
Example: The court's decision in the Donoghue and Stevenson, 1932 case, established the notion
of non-contractual damages resulting from carelessness and demonstrated how the law might
shield consumers from meeting defective items.
2. Statutory law:
A nation's diverse government entities have the power to enact statutory laws. As a result, laws
passed by the federal, state, and local governments as well as by towns and cities all have legal
weight. ( Jasuja, Sehgal, and Odile 2013). Statues, which are basically written laws, can be
looked up in dictionaries or books. These are presented as bills or acts.
Example: the Thief Act of 1968 deemed it an offence for someone to take possession of a
conveyance without the owner's or another legitimate authority's authorization. On being found
guilty after an indictment, they will face a sentence of not more than three years in jail.
VI. Effective of legal system in reforms and developments
As a food company, VFC foods have to focus on the Food Safety Act 1990.
Food act 1984 and food and safety act 1990: In 1990, food act was reform to make detail in the
food act, and more concentrate about the safety in the food. This Act offers food authorities
greater authority to ensure that proper processes are followed by food companies, prohibit the
distribution of contaminated food, and create a registration system for food businesses. It could
end up being the final big piece of independent British food law. Other recent advancements
include proposals to mandate cleanliness training for all individuals who handle food and a new
system for evaluating food facilities.
Advantages for the company: VFC food is a new company formed based on compliance with the
provisions of the food and safety act 1990 after being reformed. This gives the company a
number of benefits such as: having a standard for food ingredients to avoid breaking the law,
avoiding unwanted food poisoning situations.
Disadvantage: There are many specific regulations on food safety for companies, so VFC food
also has to spend a large amount of money to ensure the quality of food ingredients, wages for
cleaning staff. ...
However, the reformed law brings more benefits to the company than disadvantages. First, the
company ensures that it does not break the law to avoid cases of shutdown or penalties. In
addition, customers also have confidence in food companies with good quality ingredients,
ensuring food hygiene and safety, thereby helping the company to develop and make profits.
VII. Impact of company, employment and contract law
1. Company Law Impact
Company law is the set of rules and regulations that regulate how businesses are created,
registered or incorporated, governed, and dissolved. It encompasses all commercial entities that
typically engage in some kind of philanthropic or economic action. A business is a fictional
individual with legal standing. It indicates that the business has a distinct legal identity.
( Rao,2020 )
Act: Company Act 2006
Element: General duties of directors
Regulation: A director must behave in a manner that, in his or her good faith judgement, would
most likely advance the development of the business for the benefit of all of its members
(shareholders), according to Section 172 of the Companies Act of 2006.
Impact: Recruitment strategy
Specific example of impact: VFC Food director violate company regulations by using company
money for personal purposes
Penalty: A director who transgresses their fiduciary duties to the company may be sued by the
corporation. The company has the right to request that the director give them a statement of any
profits, pay compensation, turn over company property, or revoke any contracts they may have
entered into.
2. Employment Law Impact
Definition: Law regulates interactions between companies and employees, including unions.
Many of the legislation seek to clarify and uphold UK worker and job rights. (Cole, 2020)
Act: Employment Rights Act 1996
Element: Unfair dismissal
Regulation: The employer must not unfairly dismiss employees
Impact: keep the equality for employees
Specific example of impact: Employers in VFC food can’t dismiss their employees on the
grounds of pregnancy.
Penalty: The dismissal of a pregnant employee by an employer in the UK can result in fines
ranging from £5,000 to £25,000, depending on the case.
3. Contract law impact
Definition: A subject of law called contract law governs the formation and enforcement of
contracts. There are many distinct contract forms, but the ones most frequently connected to the
selling of commodities, the rendering of services, or the trading of interests and ownership.
( Lawble, 2019 )
Act: Consumer Right Act 2015
Element: Goods
Regulation: A contract for the hire of goods exists when the trader grants or agrees to grant the
consumer possession of the goods along with the right to use them for the duration specified in
the contract, subject to the terms of the contract.
Impact: ensure the rights and obligations of the parties to the goods when something unfortunate
happens
Specific example of impact: VFC food have a contract with their providers to hire a container to
transfer their food. When the VFC food can’t ensure the original quality of the container they
hire, they have to compensate contract.
Penalty: The amount of compensation depends on the agreement of the two parties when signing
the contract, can be based on the % of the amount that one party has lost.
VIII. Impact of legislation, regulation and standard
1. Legislation
The laws in a specific location will have a significant impact on how a corporation does
business. As it must ensure that it is adhering by the laws of its nation, the regulations will
influence how a business runs, what it sells, and what taxes it is required to pay. (Brearley, 2022)
Example: With VFC Food, a food company, there are some related act regulate the way how it
works: health and safety at work 1994, employment act… According to Health and Safety at
work 1994, the company have to ensure the safety of machine in the workplace and training the
employee before they are given to the work,
2. Regulation
Regulations are made to make it simpler to understand a state's laws. This might improve society
and make it simpler to resolve conflicts. For instance, if business regulations were unclear, it
would be simpler for organisations to exploit gaps and harm society in order to further their own
interests. Alternately, for smaller organisations, rules are a beneficial tool to uphold the law and
guarantee their ability to expand and succeed. (Finance Wealth & Finance International
2022). Some of regulation include: competitive (fair trading), advertisement, environment.
Examle: According to competitive ( fair trading ) regulation, in the VFC food, the competitive
regulation requires the company to be “fair-play” with their competitors, not to low the market
price or do some activities affect competitor’s reputation.
3. Standard
Business ethics set the company's behaviour parameters, which increases consumer confidence in
the company's brand. They might be rules that outline management systems, terminology,
quality, performance, safety, or performance.
Example: the basic VFC meal formula delivers improved protein content, fewer salt, and a
crispier, crunchier southern-fried cornflake coating. The flavour, texture, and juiciness of
genuine chicken are expertly replicated, claims VFC, using their ground-breaking, proprietary
extrusion method. They want to provide customers with a plant-based experience that tastes
great, is useful, and is very adaptable—all without breaking the bank.
IX. Conclusion
At the moment, common law, which combines law and regulation, forms the foundation of UK
law. Nonetheless, the emphasis on legal requirements has had both beneficial and harmful effects
on individuals. The first thing to note is that UK law is administered equally and uniformly,
guaranteeing justice for both employees and company owners. For instance, employment law
assures that all employees have the same rights and that they won't be dismissed unfairly by their
employers. But, when challenging situations appear quickly, sticking strictly to written law also
has certain drawbacks for business owners. When working, for instance, VFC Food Company
personnel do not wear masks, which contributes to the disease's spread during the Covid 19
period. Nevertheless, until the Health Protection Regulation is published in 2020, no legal
provision will permit the corporation to sue its own personnel.
In addition, case law under UK law offers an answer to exceptions. For instance, if a consumer
becomes unwell after consuming food from VFC Food, the business will face consequences
based on precedents from other incidents.
In conclusion, the UK legal system considers common law to be the most efficient and well-liked
kind of support.
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