Chapter 1 Key facts checklists

Chapter 1 Key facts checklists

The English Legal System

●    Depending on the legal dispute, a claim may be heard in any number of courts and it is necessary to know of their jurisdiction and their ‘importance’ in relation to the hierarchical system affecting precedent.

●    In precedent, it is necessary to distinguish between the ratio decidendi and obiter dicta in judgments.

●    The United Kingdom’s membership of the European Union (EU) has significantly affected the constitution and jurisdictions of law including contract, employment, and company laws. You must be aware of the influence membership of the EU has on ‘domestic’ laws.

●    The Human Rights Act (HRA) 1998 has an impact on businesses in both the private and public sectors. Its scope and application must be appreciated to ensure compliance with the law.

●    It is imperative to note that whilst the traditional court system is appropriate to resolve some disputes, it should not be considered as the only, or indeed the primary, forum. Alternative forms of dispute resolution may be more suitable and conducive to continuing business relationships and should be explored in the first instance.

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