Chapter 1.

English Legal System

1) What does mean by ‘LAW’
 Its principles and regulations created by authority(Govt.) in a community
 Which applicable for all peoples in the form of legislation or customs or
policies
 Enforced by judicial decisions
EX. Companies Act 2013, Indian Contract Act 1872 etc.

2) Types of Laws
 Common law and Equity
 Private law and public law
 Criminal law and civil law

3) Common Law and Equity

 Common Law
1) Developed from LOCAL CUSTOMS
2) Introduced the concept of PRECEDENT
3) Only Remedy is DAMAGES
4) Maybe RIGID AND INFLIXIBLE

Note. To deal the issue that damages are not always suitable remedy, the concept
of Equity was introduced after 100 or 200 years later into English Legal System

 Equity
 Developed as petition by a party who is not satisfied with common law or who
felt that common law is insufficient to provide justice to them
 Introduced the concept of Discretionary Remedy (optional or non-
compulsory remedy/compensation)
 More Flexible then common law
 Its concerned with Fairness means it will not granted if ;
 There is undue delay in filling a case or
 Petitioner act himself as unfair or
 There is no mutuality between both parties (both parties not willing to fill a
case at court of law)
 5) Private law and Public law
 Private Law
1) It deals with disputes or settlements between Individuals
2) It includes the followings ;
. Contract law and family law
. Land law (transfer ship of land and all matters related with land)
. Probate (deals with WILLS and property transfer or owner ship of
property after someone dies)
.Company law (deals with how company is created and operates with
rules and regulations set-up by Govt.)

 Public Law
1) It deals with all matters related to Whole Country
2) It includes the followings;
. Criminal Law
. Administrative Law
. Constitutional Law

6) Criminal law and Civil Law

 Criminal law
. It deals with conducts of which states disapproves
. Purpose is to enforcement of behavior by state
. Standard of Proof is high for prosecution
. Burden of proof is on prosecution
. Cases are filled in the name of crown (Regina v/s ……)
. Object is to regulate society by the threat of punishment
. If prosecution found guilty then court will sentence accused and may will
fine him or impose a period of imprisonment

 Civil law
. It deals with disputes and settlements between individuals
. Purpose is to make settlement between individuals
. Standard of proof is low
. Burden of proof is on Claimant
. Objective is provide remedy for claimant
. If defendant founds guilty then court will sentence him/her to pay damages
or provide discretionary remedy or specific action

7) The Court System

English courts system (Civil Courts) is shown in following diagram;

Magistrate Court County Court

. These are mainly concerned . First instance civil claims in
With Criminal JURISDICTION contracts, torts, landlords and
But can hear civil jurisdiction tenant, probate
On family matters such as contact . One district judge hears all
Order, adoption, maintenance small civil claims and hearing is
. They also have power to recover informal
Arrears of tax council and arrears of . No cost is allowed
Charger for water, gas and electricity . One circuit judge is looking for
Hearings of all fast track and
Multi track cases

High Court
1) Queen’s Bench Division handles all cases related with contract and
torts
2) Chancery Division(Chd) deals with land law, trusts, company law ,
partnership law, insolvency law etc.
3) Its hears appeals from county court relating with probate and
insolvency
4) Family division handles all matrimonial cases
 Court of appeal (civil division)
3 lords of Justice of Appeal hears appeal form high court and county court

Supreme Court
5 justices of Supreme Court hears appeal from court of appeal and
exceptionally from high court

Note. Claims are hears in 3 different tracks as follows;

1) Small claims : values lower than $10000 ( an informal court)
2) Fast track claims : values at between $10000 to $25000 and hear is not
more than 1 day
3) Multi track claims : values more than $25000 and these are complex in
nature
4) County courts deals with all cases related with small claims and majority
of fast track claims and only sometimes deal with multi track claims
5) All other claims are dealt by high court

Additional Note:

Civil law Criminal law

Who brings Claimant Prosecution

Action?

Standard of Balance of probabilities beyond doubt

Proof

Decision made as word ‘liable/not liable’ as word ‘guilty/not guilt’

(By judge) (By Jury)

Aim sentence ‘punishment’ Provide ‘compensation’

Remedy Damages Fine/Prison
 8) Tribunals
 Tribunals are one of the important parts of English legal system
 And it’s an alternative way of using court system for to settle disputes
 Employment tribunals are set-up to settle disputes between Employer and
Employee on matters of statutory disputes like unfair dismissal
 Employment tribunals include ONE EMPLOYMENT JUDGE AND TWO
EXPERTS FROM PANNELS REPRESENTING BOTH SIDES OF INDUSTRY
 Appeals are made at EMPLOYMENT APPEAL TRIBUNALS (EAT)
 EAT includes ONE HIGH COURT JUDGE AND TWO OR FOUR EXPERTS FROM
PANNELS REPRESENTING BOTH SIDE OF INDUSTRY

9) COURT V TRIBUNALS
Court Tribunals
Expertise cases are hear by judge who cases are hear by
Does nor have expertise in a person who
Particular area of field have expertise
(All types of cases are parts of court)

Speed Lower Quicker

Cost Legal aid maybe available but Legal aid is not

Costs are very high available but it
Cheaper
Proceedings Strict rules on evidence No strict rules
And procedure

Decisions Are bound by DOCTORINE OF Are not bounded by

JUDICIAL PRECEDENT therefore DOJP therefore
Decisions are consistent decisions are
Inconsistent

10) Sources of law

 Overview
. European Union law is superior to any other laws
. Legislation is superior then case law
 . Law of equity is always prevails on common law

 Doctrine of judicial precedent

. It is a system adopted by judges for to make decisions on previous cases
. Some precedents are BINDING (means that they must be followed for later
cases)
. Some precedents are PERSUASIVE (means judge is not bounded to follow
them it’s on their on hand)
Note: Following factors determine degree of BINDING and PERSUASIVE of
precedent
i) The hierarchy of courts
ii) Ratio decidendi
iii) obiter dicta
iv) The material facts of the cases

I) The hierarchy of courts

. Supreme Court’s precedents binds to all lower courts
. But not to itself form 1966
. Precedents of court of appeal is binds to all lower courts but not itself
unless there is overruled or law not capable with European law
. Precedents of high court does not bind itself but it is highly
PERSUASIVE

II) Ratio Decidendi

. It is a legal bases or reason for taking decisions
. It is BINDING
. It should be Carried out for later court decisions by judges

III) Obiter Dicta

. It is statements which is not part of RATIO DECIDENDI
. It is PERSUASIVE
. Judges can refer it for further cases
IV) Material facts of case
. If the material fact of case is same then precedent is BINDING
. If the material fact of case is different than precedent is PERSUASIVE

Note: When PRECEDENT is not binding

a) It is overruled by statute or higher court
b) Material facts is significantly different
c) Was made without proper care

11) Advantage and disadvantages of Judicial Precedent

 Advantages
. It make system consistent
. It allow English legal system to be flexible
. The law is clear
. Decisions are made on past situation that’s why it is practical
 Disadvantages
. It is very complex because of vast number of cases
. The law become very rigid and inflexible
. Case law is useful for to understand decisions made in past so it may
become harder to deal with cases in advance

12) Types of legislation

. Act of parliament
. Delegated legislation

i) Act of parliament
It consist following:
a) House of lord
b) House of commons
c) Monarchy
 Note: To become an Act of parliament, BILL must be go through following
stages
. First reading; principles of bill is first read at both houses
. Second reading: it is debate session on bill
. Committee Stage; committee is set-up by MP’s for discussing bill
. Report Stage; Amendments are made by committee into bill
. Third reading; Amended bill again read at both houses
. At the end of process in both houses, bill must be receive ROYAL ASSENT
(approval)
. It is not necessary for an Act to come into force immediately after its
approval/ passed at parliament it’s based on PIECE-MEAL-BASIS

13) Sovereignty of parliament

. Parliament is SOVEREIGN
. It can make it is own law
. But cannot pass repealed law
. Court cannot question on an act of parliament
. But court can refuse those Act which contravenes EU LAW