Guide To The English Legal System

Anthony Chadwick

Description

This latest book in the Emerald Home Lawyer Series, Guide to the English Legal System, is an ideal introductory book for anyone who needs insight into how the English Legal System works at all levels. It is updated to 2017. This book examines the workings of the English Legal system, looking at the main institutions and the role of Parliament and the law and also the role of the EU and its role in the English Legal System. The book will prove an invaluable guide for all those who wish to develop their knowledge in this areas and is written in a clear concise style accessible to all.

Sujets

• Droit et juridique
• Inglaterra
• Law
• Wales
• England

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 septembre 2017
• Nombre de lectures: 0
• EAN13: 9781847167903
• Langue: English

Extrait

Emerald Law
The English Legal System
Anthony Chadwick
Emerald Guides www.straightforwardco.co.uk
Emerald Guides

Straightforward Publishing 2017
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or other wise, without the prior permission of the copyright holder.
British Cataloguing in Publication data. A catalogue record is available for this book from the British Library.
ISBN 978-1-84716-728-6 ISBN 978-1-84716-790-3 (eBook) ISBN 978-1-84716-791-0 (Kindle)

Printed in the United Kingdom by 4edge www.4edge.co.uk
Cover Design by Bookworks Islington
Whilst every effort has been made to ensure that the information in this book is accurate at the time of going to print, the author and publisher recognise that the information can become out of date. The book is therefore sold on the understanding that no responsibility for errors and omissions is assumed and no responsibility is held for the information held within.
Contents
Introduction
Table of cases
1. The Framework of Law
International law
National law
Public law
Constitutional law
Administrative law
Criminal law
Private law
Distinctions between civil and criminal cases
Defining law
Law and morality
Law and justice
Rights and duties
2. The Development of Law
Customs
General customs
Local customs
Common law
Equity
Judicial precedents
Ratio decidendi
Obiter dicta
Original precedent
Binding precedent
Persuasive precedent
The hierarchy of courts and precedent
The European Court of Justice
The Supreme Court
The Court of Appeal
Divisional Courts
Courts of First Instance
The High Court
Inferior Courts
The Tribunal system
Use of Practice Statement
Distinguishing, overruling and reversing previous decisions
Advantages and disadvantages of precedent
Disadvantages of precedent
Reporting cases
3. Parliament and Acts of Parliament
Parliament
Judges in the Supreme Court
Factors influencing law making at a government level
The pre-legislative process
Introducing an Act of Parliament
The distinction between public and private bills
The Parliamentary process
Commencement of an Act
Parliamentary sovereignty
4. European Law
Recent history
The Council of Ministers
The Commission
The Assembly
The European Court of Justice
Discretionary referrals
The Court of First Instance
Regulations
Directives
Conflict between European law and national law
Human Rights
5. Statutory interpretation of law
Liberal approach v Purposive approach
The literal rule
The golden Rule
The mischief rule
Rules of language
The ejusdem generis rule
Presumptions
Unified approach to interpretation
The purposive approach
6 The legal profession
Solicitors
Complaints against solicitors
Solicitors Regulation Authority
Barristers
Queens Counsel
Complaints against barristers
The judiciary
Types of judge
Superior judges
Inferior judges
Lords Justices of Appeal
High Court judges
Circuit judges
Recorders
District judges
Law officers
The Attorney General
The Solicitor general
The Director of Public Prosecutions
Magistrates
7 Civil Cases
Commencing a case in the county court
Which court?
Issuing a claim against another party
Defending a claim
Small claims
Fast-track cases
Multi-track cases
The High Court
The Single Family Court
The Queens Bench Division
Commercial court
Admiralty court
The Chancery Division
Family Divisions
The Civil Procedure Rules
Appellate courts
Divisional Courts
Queens bench Divisional Court
Chancery Divisional Court
Court of Appeal (Civil Division)
The Supreme Court
Appeal routes in civil cases
Appeals from the county court
Appeals from small claims
Appeals from the High Court
Further appeals
Remedies in civil cases
Special damages
General damages
Nominal damages
Exemplary damages
Equitable remedies
Specific performance
Rescission
Rectification
Alternative Dispute resolution
8 Criminal cases-Police Powers
Police organisation
Police powers
Powers to arrest-serious arrestable offences
Powers to stop and search
Voluntary searches
Other powers to stop and search
Roadside checks
The power to search premises
Power to enter premises without warrant
To prevent breach of the peace
Searching premises with consent of occupier
Unlawful entry and search
Powers of arrest
Arrestable offences
PACE Section 24-arrests by police and private Citizens
PACE Section 25
Other rights of arrest
Breach of the peace
Right to search
Powers to detain suspect
Rights of detained people
Police interviews
Right to silence
Searches, fingerprints and samples
Complaints against police
The Independent Police Complaints Commission
Policing and Crime Act 2017-a summary
9 Hearing Criminal Cases
Pre-trial hearings
Categories of criminal offence
Bail
Bail sureties
Bail and the Policing and Crime Act 2017
The Crown Prosecution Service
Criminal courts
The role of the Magistrates Court
Summary trials
Triable either way cases
Sending cases to the Crown Court
Committal proceedings
Role of the court clerk
Youth Courts
Appeals from the Magistrates Court
Further appeals to the Supreme Court
The Crown Court
Preliminary matters
The Indictment
Disclosure
The trial
Appeals
Sentencing
Custodial sentences
Community sentences
Fines
Discharges
Other powers available to the courts
Young offenders
Attendance centre orders
Supervision orders
Fines for young offenders
Reparation orders
Discharges
Reprimands and warnings
Responsibility of parents
Parenting orders
Offenders who are mentally ill
The Anti-Social Behaviour Crime and Policing Act 2014
Anti-Social Behaviour Orders
10 Juries
Civil cases
Excusal and deferral
Selecting a jury
Criminal cases
Majority verdicts
Trial without jury
11 Legal aid and advice
The Legal Aid Agency
Governance
Legal aid and financial help
The different types of civil legal aid
Who can provide legal aid services ?
Financial conditions for getting civil legal aid
Repaying solicitors costs at the end of a case
Civil Legal Advice Helpline
Legal Aid for criminal cases
Free legal help
Paying court fees if getting legal aid
Other sources of free legal help
Conditional fee agreements
Glossary of terms
Index

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Introduction
This Revised edition of Emerald Guide to the English Legal System is wide ranging and covers all the main areas of our complex legal system in depth.
For the average person, the legal system in this country can appear mystifying. All they know is that the process of funding legal cases costs a lot of money. However, for most of us in our lives, one way or another, we will find ourselves in court. The need for good advice will be paramount.
It is very important for a citizen to have a clear idea of how the legal system operates and who is who in the system, the role of the judiciary, the European Courts and also the availability of funding if a case needs to go to court and is proving to expensive.
We now also need to keep in mind the changes which will take place as a result of the triggering of Article 50 and the imminence of BREXIT, Britain s departure from the European Union and subsequent changes to legislation and the court system.
One of the main axioms of the last ten years or so has been access to justice. How easily can individuals and others access the legal system in this country.
This updated introduction to the English Legal System should prove invaluable to all, student, professional and layperson.
Table of cases
Airedale NHS Trust v Bland (1993)
Bibby v Chief Constable of Essex Police (2000).
Bulmer v Bollinger (1974)
Corkery v Carpenter (1951)
Costa v ENEL (1964)
Cutter v Eagle Star Insurance Co Ltd (1997)
Egerton v Harding (1974)
Foster v British Gas plc (1990)
Grey v Pearson (1857).
Griffiths v Dawson (1993)
Hunter and others v Canary Wharf Limited and London Docklands Development Corporation (1995)
Inland Revenue Commissioners v Frere (1965)
London Tramways Co. v London City Council 1898
McLeod v Commissioner of Police for the Metropolis (1994)
Magor and St Mellons v Newport Corporation (1950)
Manchester City Council v McCann (1999).
Marshall v Southampton and South West Area Health Authority (1986).
Powell v Kempton Park Racecourse (1899)
R v Judge of the City of London Court (1892)
R v Allen (1872)
Re Sigsworth (1935)
Saif Ali v Sydney Mitchell and Co (1990)
Tempest v Kilner (1846)
Van Gend en Loos (1963)
Whiteley v Chappell (1868).

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Ch. 1
The Framework of Law
Law covers a wide variety of areas. There are different categories of law: national law; international law which is divided into public and private law and further sub-categories discussed later.
International law
International law concerns itself with inter-nation disputes and conflict. This law, in the main, derives from various treaties which have been agreed over time between different governments.
National law
This is the law which applies within each individual nation. Within national law there is a distinction between public and private law. Public law involves the government or state in some way and private law is concerned with disputes and conflict between individuals and businesses. Public and private law, as mentioned can be further subdivided.
Public law
There are three distinct areas of public law:
1. Constitutional law
Constitutional law controls and sets out the framework for government, and methods of government.
2. Administrative law
This controls how the ministers of government, both national and local, can operate. A key part of administrative law is that of the righ