POB lecture 8

1. Principles of Business
Topic: Introduction to Law (1)
The English Legal System
Stage 2 Lecture 8

2. Learning outcomes
2
By the end of this session, you will be able to:
• Explain the sources of English Law
• Explain the structure of the main institutions
of the English Legal System
• Demonstrate understanding of the role of the
personnel of the legal profession and
associated professions.
• Define key legal terms

3. Q: Which rules have the force of
law?
A: It depends on their source.

4. Sources of law
Customs
Human Rights
Act 1998
Statutes
SIs
EU law
Equity
Case law
Treaties

5. Equity

6. Legal Owner
Exercises rights of
ownership on behalf
of and for benefit of :
Beneficial owner
• Fiduciary duties
• Examples – charity
trustees, company
directors, solicitors
The Trust

7. Case law
• Develops gradually and pragmatically as
disputes are decided in the courts
• Legal principles develop which courts then
have to follow – doctrine of precedent.
• Lower courts must follow the previous
decisions of higher courts.

8. The ratio (or legal principle)
Each case will have a decision and a
ratio decidendi: the reason for
deciding.

9. Example: Donoghue v Stevenson
Decision: Donoghue wins – Stevenson pays
damages
Ratio: (1) Manufacturers owe a duty of care to
consumers
(2) The Neighbour Principle

10. Parliament
• Acts of Parliament – statutes
• Public
• Private
• Delegated legislation
• statutory instruments
• by-laws
• orders in council

11. EU Law
• Treaties
• European Communities Act 1972
• Regulations
• Directives
• Decisions
• Judgments of the European Court of Justice

12. Human Rights Act
• Incorporates European Convention on Human
Rights
• NB: ECHR does not originate with EU
• Judges must consider
• Parliament must consider

13. Customs
• Must exist from “time immemorial”
• “Time immemorial” = 1189

14. Most
civil cases
County
Court
Complex or
very high value
civil cases
High
Appeals Court
Queen’s
Bench
Division
Chancery
Division
Family
Division

15. Civil Appeals
Court of appeal
(Civil division)
Appeals from
Commonwealth
Supreme Court Judicial Committee of
the Privy Council

16. Criminal
Cases
Serious Criminal
cases plus appeals
Magistrates’
Court
Crown
Court
Magistrates’ Courts also
have some civil jurisdiction
including some family cases
and licensing.
Certain appeals from
Magistrates’ Court to
go the QBD division
of the High Court.

17. Criminal Appeals
Court of appeal
(Criminal division)
Supreme Court
Appeals from
Commonwealth
Judicial Committee of
the Privy Council

18. Land Tax
First-tier Tribunals
Appeals
Upper
Tribunals
Employment
Immigration
Mental health
Special
educational
needs
Social
Security
Appeals
High Court

19. Solicitors Barristers
Legal
Services
Trade Mark
Agents
Patent
Agents
Legal
Executives

20. Essential work for next week
• Please consult the OLE for details of:
– Essential readings*
– Seminar/workshop preparation work*
– Recommended further readings
– Any additional learning
* Essential readings and preparation work must always be completed in time
for the next session
20

21. End of presentation
© Pearson College 2013