2. Key topics / learning outcomes
of this Seminar
• Explain the structure of the main institutions of the English
2
Legal System
• Demonstrate understanding of the role of the personnel of
the legal profession and associated professions.
• Explain the sources of English Law
• Define key legal terms
3. 3
Activities
• Introduction
• Quiz
• Court System Scenarios
• Case Law Exercise – Prest v Petrodel
• Summary and conclusion
4. 4
Quiz
1. What is a person who brings a claim in the County Court
called?
A: Claimant
2. What is an organisation who is sued in the High Court called?
A: Defendant
3. What is the standard of proof in the civil courts?
A: balance of probabilities
5. 5
Quiz
4. What is the standard of proof in the criminal courts?
A: beyond reasonable doubt
5. Charlie is being prosecuted for driving with excess alcohol. In
which court will his case be heard?
A: Magistrates’ Court.
6. What is the technical legal term for the reason for deciding a
case?
A: Ratio decidendi
6. 6
Quiz
7. While it is going through Parliament, what is a proposed new
statute called?
A: a Bill
8. What is it called once it has been passed by Parliament?
A: an Act.
9. Most criminal cases are brought to court by which
organisation?
A: Crown Prosecution Service
7. 7
Quiz
10. Charlie fails to stop at a pedestrian crossing and hits Florence
with his motor car, breaking her leg. Florence ____ him in the
__________Court.
A: ...sues......County.
11. A judge in the High Court has to follow the precedents of
which courts?
A: Court of Appeal and Supreme Court.
12. Does the Supreme Court have to follow its own precedents
(or those of the HL)?
A: No
8. Court System Scenarios
Where will these claims be brought?
Which types of legal professional will be
involved?
Where will any appeal be brought?
9. 9
Scenario 1
Sally is a 56 year old business development manager at SellFast
Plc. In October 2014 she becomes ill and is diagnosed with a
depressive illness. She returns to work after about a month of
sick leave, but shortly afterwards there are some job cuts and
she is selected for redundancy, together with two other
executives, both of whom are over 50. She believes that she
has been unfairly selected owing to her age and her illness.
10. 10
Scenario 2
Mahmood is an entrepreneur and inventor, who owns a
company called BrightSpark Ltd. He has recently obtained a
patent for a new type of environmentally friendly light bulb.
Phoebe used to work for BrightSpark as a technician, but has
left and is now worked for a competitor, InnoForum Ltd.
Mahmood discovers that InnoForum are marketing light bulbs
which he believes infringe his patent.
11. 11
Scenario 3
The “Spin-drier” is the nickname given to a new skyscraper
which is in the process of construction in the City of London. It
will be the tallest building in Europe when it is finished and
the total cost is estimated at around £300million. The building
is half-finished, when some serious defects are discovered
which threaten the viability of the building. The architects are
blaming the main contractor for not following the plans
properly, while the main contractor says the design plans
were incorrect. Other sub-contractors are also being blamed.
It looks like there will be a huge dispute involving the
architects, main contractor and several sub-contractors
(engineers, plumbers, electricians etc.).
12. Prest v Petrodel
What is the story behind the case – the
facts.
Who brought the case and why?
http://www.bailii.org/ew/cases/EWCA/C
iv/2012/1395.html
http://www.bailii.org/uk/cases/UKSC/20
13/34.html
13. Questions
1.Which court did the case start in?
2.Who are the Defendants? (don’t need a list
of all of them – just a description)
3.What is the neutral citation number?
4.What is the neutral citation number used
for?
5.What are the names of the judges in the CA
or SC?
6.What is the name of the judge who made
the decision which was subsequently
appealed?
14. Questions
7. What are the names of the barristers and
solicitors’ firms acting for the parties?
8.What do the judges think of Mr Prest?
9.What is the key issue which the judge had to
decide?
10.What was the decision under appeal?
11.Who brought the appeal?
12.What did the CA decide? What did the SC
decide?
13.What do you think is the ratio decidendi of the
CA/SC decision?
15. Summary
• The Court System – Hierarchy
• Tribunals – specific jurisdiction, intended
to be less formal
• Doctrine of Precedent
• Law is applied to facts
• Ratio decidendi – the legal principle in a
case
