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The Nature of Legal Systems and Legislations Impacting Businesses in the UK

Assignment Brief

In this paper, you are supposed to deal with different aspects of the nature of legal systems and legislations impacting businesses in which you have to emphasise on the following key components:

  • Significance of UK laws and statements

  • The role of government in the law-making process with the application of statutory and common law within the contexts of justice courts

  • Examples of the outcome of company, employment and contract law on business

  • Difference between unincorporated and incorporated business together with their management and funded

Instructions

Section 1 – Nature of legal systems and legislations impacting businesses

Task 1 – (LO1 & LO2)

Every year the government announces its programme for legislation by way of the Queen’s Speech at the State Opening of Parliament in October or November. Therefore, it is commonly said that ‘Parliament is sovereign’.

Required

  1. Discus the meaning of this statement and discuss the various sources of UK Laws

  2. Explain the role of government in the law-making process and how statutory and common law are applied in the justice courts

  3. Use specific examples to illustrate how company, employment and contract law has a potential impact upon business. You could elaborate by differentiating between legislation, regulations and standards to analyse potential impacts upon business.

Task 2 – (LO3)

Jane, Penny and Marie have been friends from University. They established JPM Publishing as a partnership venture after graduation. After trading successfully for few years, the partners are seeking extra funding for expansion. Their accountants have advised them to register the business as a limited company. They are interested in finding out how this might impact the way the business is managed. Every year the government announces its programme for legislation by way of the Queen’s Speech at the State Opening of Parliament in October or November. Therefore, it is commonly said that ‘Parliament is sovereign’.

Required

Exploring the nature and formation of different types of business, critically evaluate the differences between unincorporated and incorporated business referring to how they are managed and funded; advantages and disadvantages of a partnership and that of a company.

Section 2 – Legal solutions to business problems – (LO4)

Case 1

A London-based company Champion Ltd was given cash payment to move from its site in North London to make way for the development of a new stadium by a premier league club. After moving, the company experienced financial problems due to a decline in its customers. The company has defaulted on numerous occasions to honour its payment to the bank for loans taken during the relocation but also to the other creditors. The creditors are threatening to apply to the courts for ‘winding up petition’.

Case 2

Mr Anderson was the CFO with Amber Ltd, with access to highly confidential information. His contract of employment specified that 12 months` notice had to be given by either side to terminate the contract. A competitor, Beta Ltd offered Mr Anderson a more attractive role as its CEO. In April 2016, Mr Anderson gave Amber notice of resignation, stating that: - "In short, the hopes and expectations I have had…have come to nothing and I have therefore reached the decision to leave. Accordingly, insofar as this is required, please accept this as the required written notice of my resignation." Mr Anderson proposed to take up Beta`s offer after a period of transitional arrangements with Amber, which he suggested should end on 31 May 2016. However, Amber objected to that proposal, relying on the requirement in Mr Anderson`s contract of employment that he should give them 12 months` notice. After further exchanges, Mr Anderson ceased working for Amber at the end of May 2016, having claimed that "In the circumstances, both in respect of the matters leading to my resignation and our subsequent dealings…, I find myself now in an untenable position in respect of my continued employment with Amber". Amber Ltd are seeking an injunction to prevent Mr Anderson from commencing employment with or providing services to Beta or any other competitor and from breaching his duties of good faith, fidelity, trust and confidence for a period of 12 months.

Required

In both cases you are to recommend appropriate legal solution to resolving the disputes using case laws or statutes to support your recommendation. Every year the government announces its programme for legislation by way of the Queen’s Speech at the State Opening of Parliament in October or November. Therefore, it is commonly said that ‘Parliament is sovereign’.

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Sample Answer

The Nature of Legal Systems and Legislations Impacting Businesses in the UK

Introduction

The legal environment plays a central role in shaping how businesses operate, grow, and resolve disputes within the United Kingdom. UK law provides the framework through which organisations are formed, regulated, financed, and, when necessary, dissolved. Businesses are directly affected by legislation relating to company formation, employment relationships, contracts, and insolvency. At the heart of the UK legal system lies the principle of parliamentary sovereignty, which establishes Parliament as the supreme law-making authority. Alongside statutory law, common law developed through judicial decisions also significantly influences business practices.

This paper critically examines the nature of the UK legal system and its impact on businesses. It explores the meaning of parliamentary sovereignty and the sources of UK law, explains the government’s role in the law-making process, and analyses how statutory and common law are applied by the courts. It also evaluates the impact of company, employment, and contract law on business operations. Furthermore, the paper critically compares unincorporated and incorporated business forms in terms of management and funding. Finally, two business-related legal disputes are analysed, with appropriate legal solutions recommended using relevant statutes and case law.

Section 1: Nature of Legal Systems and Legislations Impacting Businesses

Parliamentary Sovereignty and Sources of UK Law

The statement that “Parliament is sovereign” reflects a fundamental principle of the UK constitution known as parliamentary sovereignty. This doctrine means that Parliament has the supreme legal authority to create, amend, or repeal any law, and no other body, including the courts, can override or set aside its legislation. This principle was famously articulated in Dicey’s theory of parliamentary sovereignty, which emphasises that no Parliament can bind a future Parliament and that legislation passed by Parliament must be recognised by the courts.

UK law is derived from several key sources. The primary source is legislation, also known as statute law, which consists of Acts of Parliament such as the Companies Act 2006 and the Employment Rights Act 1996. Secondary legislation, including statutory instruments, is created under powers delegated by Parliament and allows for detailed rules to be implemented efficiently. Common law is another major source and develops through judicial decisions in the courts. It relies on the doctrine of precedent, where decisions made in higher courts bind lower courts in similar cases. Equity, which developed to address the rigidity of common law, introduces principles of fairness, particularly in areas such as injunctions and trusts. Together, these sources form a comprehensive legal framework governing business activities in the UK.

Role of Government in the Law-Making Process and Application of Law in Courts

The government plays a central role in the law-making process by proposing legislation and guiding it through Parliament. Most laws originate as government bills, which are introduced to Parliament and debated in both the House of Commons and the House of Lords. The legislative process involves several stages, including readings, committee scrutiny, and amendments, before a bill receives Royal Assent and becomes law.

Statutory law is applied in justice courts by interpreting and enforcing Acts of Parliament as written, using established rules of statutory interpretation. Courts aim to give effect to the intention of Parliament, often applying the literal rule, golden rule, or mischief rule. Common law, by contrast, is applied through judicial reasoning and precedent. Judges interpret legal principles based on previous cases and adapt the law to new circumstances. For example, in commercial disputes, courts often rely on common law principles of contract, such as offer, acceptance, and consideration, alongside statutory protections.

The interaction between statutory and common law ensures flexibility within the legal system. While Parliament creates the framework, courts refine and apply the law in practical business contexts, promoting legal certainty and fairness.

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