This document provides an overview of the English legal system and sources of law. It outlines the key topics as explaining the structure of English legal institutions, the roles of legal professionals, and sources of English law such as statutes and case law. Examples are provided of how statutes have been interpreted in cases using different rules such as the literal, golden, mischief, and purposive rules. Statutes and case law are the main sources of law, with statutes being interpreted by case law precedents.

1. Principles of Business
Stage 2 Seminar 15:
The English Legal System

2. • 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.
• Explain the sources of English Law
• Define key legal terms
2
Key topics / learning outcomes
of this Seminar

3. 3
Activities
• Introduction
• Sources of Law – recap
• Statute Hunt
• Statutory Interpretation Exercise
• Summary and conclusion

4. 4
Sources of Law
What are the sources of English Law?
Statutes can be found at:
www.legislation.gov.uk

5. 5
Consumer Protection Act 1987
Name one category of person who is liable for
defective products.
A: the producer, own-brander or importer into
the EU. s2(2)(a) to (c).
What is a “defect”?
A: “there is a defect in a product for the
purposes of this Part if the safety of the product
is not such as persons generally are entitled to
expect” s3 (1)

6. 6
A manufacturer of cleaning products wants to
exclude liability under Part 1 of this Act by
issuing a disclaimer on all bottles of its product.
Is this permitted?
A: No. s7.
What type of liability (civil or criminal) arises
when someone breaches Part 3 of this Act by
giving a misleading price indication?
A: Criminal – guilty of an offence s20

7. 7
Tubes of toothpaste are on display in the mini-mart
with a price sticker saying £1.50. Abigail
picks one up and, at the till, she is charged
£1.75. Is this a misleading price indication?
A: Yes, indicating that the price is less than it in
fact is: s21 (1)(a)

8. 8
Companies Act 2006
When a company is registered, the application has
to state the company’s name. Which sub-section
provides for this?
A: Section 9(2)(a).
What kind of company names are prohibited?
A: See section 53: Prohibited names
A company must not be registered under this Act by
a name if, in the opinion of the Secretary of State—
(a)its use by the company would constitute an
offence, or
(b)it is offensive.

9. 9
Does a company have to have defined
objects?
A: No – section 31
How many directors does a private
company need to have?
A: One – section 154
Does a private company have to have a
secretary?
A: No - section 270 (1)

10. 10
Is a company required to have a seal?
A: No – section 45.
What is the minimum age for a company
director?
A: 16 - Section 157 (1)

11. London and North Eastern Railway Co v
Berriman (1946)
Statute provided for compensation for workers
killed while “relaying or repairing” the track.
C’s husband was doing routine maintenance.
Was he covered?
No: using the Literal Rule of Statutory
Interpretation. Words interpreted using their
“natural and ordinary meaning”.

12. R v Allen (1872)
s57 Offences Against the Person Act
“whosoever being married shall marry any
other person during the life of the former
husband or wife...shall be guilty of bigamy”
D argued that his second marriage ceremony
was unlawful/invalid so he had not “married
any other person”.
Was he guilty?

13. R v Allen (1872)
Guilty: using the Golden Rule of statutory
interpretation which permits a wider
interpretation where the Literal Rule would
lead to an absurd result that parliament
couldn’t possibly have intended.

14. Smith v Hughes (1960)
The Street Offences Act 1959 made it an
offence for prostitutes to solicit customers “in
a public place”.
D sat inside her house at the window and
tapped on the glass to beckon potential
customers inside.
Was she guilty?

15. Smith v Hughes (1960)
D was found guilty using the Mischief Rule of
Statutory Interpretation. The court looks at the
“mischief” which the statute is intended to
address and interprets the statute in that light.

16. R v Secretary of State for Health ex parte
Quintavalle (2003)
s1 Human Fertilisation and Embryology Act 1990
regulated the use of human embryos in research and
defined an embryo as a “live human embryo where
fertilisation is complete”. A new cloning technique
was developed by scientists which created embryos
by replacing the nucleus of an egg with a cell from
another person, rather than through fertilisation.
Was this covered?

17. R v Secretary of State for Health ex parte
Quintavalle (2003)
HL decided all embryos were covered using the
Purposive Rule of Statutory Interpretation
which looks at the context within which the
statute was made and the overall intended
purpose.

18. Summary
• Only rules from certain sources have
the force of law
• Statutes and case law are the main
sources (but not the only ones)
• Statutes are interpreted by case law
• Statements of law must be
accompanied by an authority

19. Next session

20. End of Seminar
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© Pearson College 2013