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Summary SQE1 "| ENGLISH LEGAL SYSTEM
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INTRODUCTION TO THE ENGLISH LEGAL SYSTEM• Process of devolution - decentralising some aspects of power in the UK through the
establishment of the Scottish Parliament and Assemblies in Wales and
Northern Ireland
• West Lothian question - concerns the constitutional incongruity whereby MPs representin
Scottish constituencies continue to vote on laws that only apply to
England, but denies those MPs that represent constituencies in England
from voting on laws within the exclusive competence of the Scottish
parliament.
Resolved by an amendment to the standing order of the House of Commons in 2012 (English
votes for English laws)
SOURCES OF LAW
1.COMMON LAW
System of laws that evolves through judicial decisions of courts and other tribunal which bind
subsequent judicial decisions (case law/precedent).
It is guided by the principle of stare decisis - similar cases should be decided according to
consistent principles rules so that they reach similar results.
It fills in gaps left by the common law.
Unless the case can be distinguished as being different from the authority case on the facts
(matter of first impression).
The decision of a senior court will bind a junior court.
2. EQUITY
A set of legal principles that seek to achieve justice where the application of strict rules of law
would be overly harsh or unfair. They are granted at the sole discretion of a judge :
• involve one party doing something (or not) as directed by a court.
• The person seeking equitable relief must have acted in good faith (the clean hands rule)
The equitable jurisdiction of the court applies in personam i.e individual circumstances and
people.
3. ACTS OF PARLIAMENT
Primary instruments by which law is made in the UK.
It prevails over common law and equity.
Principle of parlamentary sovereignty - parliament is the ultimate law-making body in the UK.
All parliamentary legislation is in principle of equal validity.
Constitutional statues - magna carta, human rights bact, the European Communities act, Act of
Union and bill of rights have a higher status.
exception: declaration of incompatibility conffered by the Human Rights Act 1998
, 4. STATUTORY INSTRUMENTS
Delegate or subordinary legislation necessary to give practical effect to legislation.
5. INTERNATIONAL TREATIES
Constitutional reform and Governance Act 2011 (CRAIG) - all international treaties subject to
ratification must be laid before Parliament by a Minister of the Crown for
21 sitting days during which both Houses have the oppportunity to resolve
why the treaty should not be ratified.
6. EU LAW
7. CONVENTIONS
Form part of the constitution but are not codified nor legally binding.
8. WORKS OF AUTHORITY
9. LAW MAKING INSTITUTIONS
10. CUSTOM
THE COURTS OF THE UNITED KINGDOM
CIVIL COURTS
1. THE COUNTY COURTS
•Deal exclusively with civil cases
•Circuit judges (presiding ) or District judges (interim matters up to 25.000£)
Personal injury case caused by negligence - 50,000 £
Contract or tort claims - 100,000 £
Claims in equity - 350,000 £
SMALL CLAIMS TRACK FAST TRACK MULTI-TRACK
- >10,000£ - 10,000£ - 25,000£ - <25,000£
- Heard in the County - Heard in the County - Typically heard in the
Court court but even High High Court
- Complexity of the case Court depending on
- Number of parties public interest Professional negligence
involved significance claims, fatal accidents act
- Circumstances - Trial is likely to last no claims, fraud or undue
longer than one day influence claims,
Consumer right claims, - Requires expert defamation claims,
compensation for faulty evidence in no more malicious prosecution or
services or faulty goods, than 2 expert areas false imprisonment, claims
disputes between landlors - Complexity against the police,
and tenants contentious probate
claims.
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