1

English legal system

Joy WingfieldShort residential courseSession 1 May 15th 2006

2

Learning Outcomes

• At the end of this session, you will be able to– Distinguish between the types of UK law– Describe the English courts system– Describe the hierarchy of law and how it is

created– Explore how politics drives law– Identify the key features of primary and

secondary legislation– Decode legal citations

3

What is Law?

• A law is an obligatory rule of conduct• Public law deals with relationships

between individuals and “artificial persons” (e g companies) and the state

• Private law deals with relationships (common law) and obligations (civil law) between individuals or local concerns such as notice of street processions

4

Classification of Law

• Statute law is made under the authority of the monarch, but created by Parliament– Criminal– Professional– Administrative

• Civil law covers obligations between citizens– Contracts– Torts

5

The court system

• For the administration of justice– Apprehension and punishment of

wrongdoing• For the settlement of disputes

– Restitution, compensation, punishment?

• Includes a range of tribunals and professional “courts”

• Variable jurisdictions

6

House of LordsAppeals from the Court of Appeal and in exceptional circumstances from the High Court

(also Scotland and Northern Ireland)

Court of AppealCriminal Division

Appeals from the Crown CourtCivil Division

Appeals from the High Court, tribunals and certain cases from the county courts

Chancery DivisionEquity and trusts, contentious

probate, tax partnerships, bankruptcy

Consumer CourtPatents Court

High Court

Family Division Matrimnonial proceedings

Proceedings relating to childrenProbate

Queen’s Bench DivisionContract and tort etc.

Commercial CourtAdmiralty Court

Administrative CourtSupervisory and appellate

jurisdiction overseeing the legality of decisions and actions of inferior courts, tribunals, local authorities, Ministers of the Crown and other

public bodies and officials

Divisional CourtAppeals from the

magistrates’ courts

Divisional CourtAppeals from county courts,

on bankruptcy and land

Crown Court78 centres

Trials of indictiable offences, appeals from magistrates’ courts, cases for sentence

County Courts218 courts

Majority of civil litigation, subject to nature of the claim

Magistrates’ CourtTrials of summary offences, committals to the Crown Court, family proceedings

courts and youth courts

TribunalsHear appeals from decisions on immigration, social security, child support, pensions, tax and lands

From web tutorial, Kent university library

7

Sources of law

• International conventions• European Union• Primary legislation – an Act

– Health fully devolved in Scotland– Partially in Wales

• Secondary legislation – an SI• Directions - public service

administration

8

European Union• Post WWII, UK joined “common market” in

1973, now 25 “member states” in a political “European Union”

• Free movement of people, goods, services and capital (money) – political “bloc”

• Regulations - binding in every respect• Directives - binding as to objectives• Decisions - internal structures• Recommendations (persuasive force)

and opinions (case law)

9

European Institutions

1 Council Appointed politicians :decision making, national presidency changes every six months, can impose majority decision

2. Commission Civil servants: draft proposals, amend, discuss, repeat, prepare cases for enforcement, Commissioners head Directorates eg internal market, agriculture

3 Assembly Elected politicians: provide rapporteurs, consultative/advisory. 15 standing committees.Meet once a month for a week in Strasbourg and Brussels

4 ECOSOC Experts: provide expertise

5 European Court

Judges and lawyers : enforce and interpret law

10

EU Legislative Machinery

• Council Regulation 93/2309/EEC Compulsory central process for new

actives

• Council Directive 2001/83/EEC Control production and distribution of

medicines

• Council Decision 75/320/EEC Set up Pharmaceutical Committee

11

Pharmacists

• 85/432/EEC covers education and training• Five year course includes in-service training• 36/2005/EEC From 2007: may be part time• 85/433/EEC: covers right to practise in EU• An EU national• Cannot be in personal control of a pharmacy

open for less than three years

12

European Convention on Human Rights

• See later!• Don’t mix up European court of

Justice – enforcing EU “commercial” law and European Court of Human Rights – enforcing the European Convention on Human rights

13

How UK law is made

• Green papers– Policy, problems and solutions

• White papers (“Command” papers)– Proposals for new law; need an Act to

amend an Act (usually!)• Public bills have government

support• Private members bills – but not usually

private law

14

Parliamentary Process

• Bill introduced in Queen’s speech• Readings in both houses• Committee scrutiny• Passing an Act (Primary legislation)• Powers to make Statutory

Instruments (Secondary legislation)– Regulations – Orders

15

The geography of law

ExerciseWorking in small groups identify

the nature and status of the documents in your pack and describe their nature, status,

organisation and layout

16

The geography of lawInformation for exercise

• Documents include:– A green paper and a white paper– A Bill, explanatory notes and an Act– A new SI consultation and regulatory

impact assessment– Several Statutory Instruments– Public services directions; best practice

guidance

17

Politics and law

A class exercise

Trace the progress of the concept of clinical governance from ministerial proposal to

implementation at NHS contract level

18

Legal citations

• European law• “Command” papers • Bills• Parliamentary debates • UK statutes • Statutory Instruments• Cases

19

Case law• Over 200,000 cases per year in E and W• Only about 2,500 of these are reported

– New or modified principle, new rule, settle questions, new interpretations or applications

– All House Lords, some appeals, high court, tribunals

• “Official” Bar council reports from 1865– Approved by judge– Contain counsel arguments– Four classes House Lords (HL), Chancery (CH),

Queens Bench (QB) and Family (Fam)

20

Interpreting a legal citation Citations consist of

The names of the partiesDate

Page no.

Volume number

Abbreviation

Hunter v Canary Wharf [1997] 3 WLR 684

Derry v Peek (1889) 14 App Cas 337 HL

From web tutorial Kent University library

21

Other law reports

• General Series of reports– Weekly Law Reports - WLR– All England Law reports - All ER

• Specialised law reports– Criminal Appeal Reports – CLR– Statutory Committee Reports (not

official)• Newspapers and Journals

– Times law report - TLR

22

Legal citations

ExerciseWorking in small groups and using

the printed material available, “decode” the examples of legal

citations to provide full information on where the information is to be found and under what jurisdiction

23

Questions so far?