Structure of English Law

Structure of English LawPhilip BlincowThis paper c all overs the solid ground of practice of equity which takes president in the UK. oddball law, regulation Law and European Law, along with other beas that form the structure of Common Law. Relevant vitrines go forth be usaged to back statements.Case Law and Statute law atomic number 18 two pillars of what makes English Law formed to regulate actions of citizens to regularise behaviour and impose penalties on those who brake it. Case Law is establish on the doctrine of Judicial Precedent which in turn refers to regard decisis meaning standing by of prior decisions. This mean that once a law has been passed by a Judge in a previous gaucherie, it binds all lower judicial systems holding future cases based on the aforementi id(prenominal) material facts.In regulate for Judicial Precedent to work, points of law pick push through to be determined. When a seek makes a ruling, the reasons for reaching such decisions deriv es from the symmetry decid polish offi (the reason for deciding). An example of this would be the case of Donoghue V Stevenson 1932 duty of plow came d take in to the manufacture owing Mrs Donoghue on the grounds of negligence. This set the motive for the following case Grant v Australian Knitting move 1936. However, it is important to separate Ratio decidendi from Obiter dicta (by the way).Obiter dicta does non refer to the decision from a previous ruling. It looks at the areas of the case that rely on interpretation from the tag which is not necessary for the decision. It does not form part of the ratio decidendi. In the case of R v Howe Bannister 1987 the obiter dicta of the case is somebody who attempts instruction execution should not be able to plea a defence of duress.Statute Law (also know as Acts of Parliament or Legislation) is laws made by Parliament, which is split into two Chambers The House of Lords and the House of Commons. After a bill is approved by the two Chambers, it leave receive orb approval from the Monarchy referred to as Royal Assent. This turns a bill into law known as an Act of Parliament. Statute law referrers to written law and gives a rigid and formal interpretation of the law. Case law come abouts from Judicial Precedent.statutory interpretation falls to the court to apply it in certain cases. The statue impart not cover all ambiguities / eventualities in each case. Therefore, rules have been shaped to bar an unfair ruling.Firstly, the Literal rule when the meaning of the words written in the statute are applied such as in the case of Fisher V Bell 1961. A flick knife was displayed with a price tag therefore presented an invitation to treat and not presented as an offer.Secondly, the gilded rule when the action of the literal rule would lead to an unacceptable result. In the case Re Sigsworth 1935, the son who murdered his mother to inherit the land was denied.Finally, the Mischief rule when an ambiguity in the st atute occurs. Such as in Corkery v Carpenter 1951, as the defendant was in military commission whilst drunk of his bike, he presented a danger to others on the road.Another blood line of English Law is Equity. It is an important aspect of the law as it is about fairness and justice. Common law kitty be quite acidulated at times and disregard result in someone losing a case through no fault of their own. Equity provides a judge the ability to deviate from the strict written law in ordinance not to disadvantage someone. One example is forge v jack 1955. Due to the mothers contribution to the house, she could not be evicted.To graspher these areas of law are designed to keep people safe and to preserve order. If an issue arises that cannot be decided on precedent, statutory law decides the case. Contract law, tort law and property law exist mostly with case law, up to now, there are some written statutes that are relevant to these areas.Parliamentary Sovereignty is the sovere ign legal authority in the UK that can create or end any law. Courts cannot overrule legislation made by parliament although no parliament can bind a future parliament. In 1972, the UK turn over over sovereignty to the EU meaning Europe overrule and takes precedency over Acts of Parliament. Any are outside of where the EU operates, Parliament retains its supremacy.The European Parliament and the Council of the European Union and 2 institutions of the European Union that create new laws and codes. The reason European law was created was to encourage economic growth, subjoin movement of people, goods and services between segment states and allowing a common foodstuff to exist.The European Communities Act 1972 came into put when the UK joined the EU January foremost 1973. plane share 2(1) of the Act dictates European Law will take antecedence over domestic law. Section 2(4) provides that when a judgment of a statute is interpreted, it is in accordance and consistent with EU l aw. Section 3(1) provides interpretation of legislation and treaties to be treated as a question of law. Courts must accept judicial system supremacy comes from EU law. This is evident in the case between Flaminio greeta v ENEL 1964. The claimant lost the case because the ECC (European Civil Code) Treaty created its own legal system which became integral to the legal system of each member state. In this case the Italian legal system taking precedence over national law. intelligence information Count 866Task 2 alternate(a) Dispute Resolution (ADR) gives parties involved in commercial differences and attractive secondary than going to running play. The Civil Procedure Rules 1998 (CPRs) actively encourage its use. Here we can see how these rules effect the Pre-Trial Conduct and what the seeming position regarding be to the Montague Builders Ltd will be.There are 2 types of ADR solve, Adjudication and Consensual. Adjudication consists of a third society to check a dispute and provides a judgment (normally a judge, arbitrator or adjudicator). The decision made is enforceable on twain parties. The consensual lick is alternative method of dispute resolution. Here a third party is assigned to facilitate a solution. The disputing parties are to make the final decision, not the third-party member.The Civil Procedure Rules 1998 derives from Lord Woolf being commissioned in 1994 to typography a report Access to Justice released 1996. Reasons being it is in any case expensive, too slow, lacking equality and uncertainty over the amount of time and cost when reaching a settlement. The report recommended procedural change designed for a less confrontational and faster settlement. Simpler terminology was brought in to make courts much user friendly. These reforms are known as the Woolf Reforms. serve Directions are placed within the Rules as guide lines to how parties should operate, documentation required to be filed to the court and what would happen if not carried out properly. (Jones, 2011)The Civil Procedure Rules have an effect on the Pre-Trial Conduct. This could come down to costs assigned by a court if a party has not complied or ignored order made during an adjudication. Practice Direction 44 General Rules About Costs, (Justice.gov.uk, 2016) section 44.2 has a breakdown of costs a court would commonly make. Therefore, careless(predicate) of the result of the trial, that party will most likely incur the costs of both parties. Rules such as this are in place to get parties to attempt settling disputes rather than brining a claim to trial.European crowd of Human Rights Article 6(1) Right to Fair Trial (Legislation.gov.uk, 2016) This means if pressured to use an ADR method, this would infringe their right to a fair trial. A party can however wave their right by contractually agreeing to resolve a dispute through the ADR Adjudication process such as in the case of Deweer V Belgium 1980. Mediation is an effective way of setting a dispute as it assigns a third party, (who will be mutually appointed) to acts as a go-between facilitating discussions for the parties to come up with a solution. The solution however in not binding and cannot be enforced by the courts. At the end of the mediation, the parties will enter into a contract to carry out the solution achieved. The contact is binding and must be carried out.Many emoluments come with mediation. Examples such as it enables the parties to control the settlement, produce creative ideas, keep the process informal, allows for collaboration between the parties. Relationships can be restored but one benefit in particular is that the case stays confidential. It prevents Washing dirty linen paper in public, meaning the details of the case becoming public record.Benefits of attempting Pre-Action communications protocol is that chance of a settlement satisfying both parties becomes more likely as a third party whilst being in a neutral position, will actively seek the best result for both sides. If a settlement cannot be agreed and a trial is set, one or both sides will have to show all has been make in an attempt to settle. Mediation is not compulsory as it is a consensual process of dispute resolution. If one party refuses to attempt finding a solution through ADR and insists on a trial, that party is playacting unreasonably.Taking into account how mediation has been offered to the thickening by Montague Builders Ltd and the refusal by the client without offering an alternative to mediation, lends itself to a likely conclusion that Montague Builders Ltd acted in a just and reasonable manner and the client showed themselves to be unreasonable. Should the client impact to refuse any attempts to settle through mediation, an appeal for the costs for the trial to be paid by the client regardless of the outcome would be justified. Such as in the case between Dunnett v Railtrack 2002.Word Count 693Total Word Count 1,559ReferencesBull v Bull 1955 1 QB 234Corkery v Carpenter 1951 1 KB 102Deweer v Belgium 1980 2 ehrr 439Donoghue V Stevenson 1932AC 562 (HL).Dunnett v Railtrack 2002 EWCA Civ 302Fisher v Bell 19610 1 QB 394 1960 3 WLR 919.DCGrant v Australian Knitting Mill 1936 AC 85 (PC)Human Rights Act 1998. 2016 usable at http//www.legislation.gov.uk/ukpga/1998/42/schedule/1 Accessed 24 Nov. 2016.PRACTICE DIRECTION 44 GENERAL RULES ABOUT COSTS. 2016. operational at https//www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2rule4.1 Accessed 24 Nov. 2016.Jones, L. (2011). Introduction to business law. Oxford Oxford University PressR v Howe Bannister 1987 2 WLR 568 (HL)Re Sigsworth 1935 1 Ch 98BibliographyHg.org. (2016). Case Law Common Law. online Available at https//www.hg.org/case-law.html Accessed 18 Nov. 2016.TheFreeDictionary.com. 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