Legal Developments in the UK

Legal Developments in the UK

• The presentation covers key legal developments in the UK, including Magna Carta, the Judicature Act, and the European Union.

Magna Carta Libertatum (Latin)

• Magna Carta, also known as The Great Charter, was a Royal Charter of Rights.
• It was the first written document that limited the King's power, prohibiting him from exploiting his powers.
• Dated 1215, it was written in Medieval Latin on animal skin.

John "The Dictator"

• John, the King, had powerful enemies and lost significant land.
• He heavily taxed his barons, ignoring their traditional rights.
• John engaged in unlawful arrests, kidnappings, and brutal treatment of people, sometimes to death.
• Tensions grew between John and the Catholic Church, leading to conflicts and significant financial gain for the King
• He punished individuals for minor crimes without due process or trial.

A Meeting with the King

• Barons, the Church of England, and the people of England were frustrated by John's disregard for the law.
• A war seemed unavoidable,
• Archbishop of Canterbury mediated negotiations with the barons.
• "The Articles of the Barons" were drafted as demands.
• John was compelled to respect the law and the traditional rights of nobles and the Church to avoid war.

Sealed, Not Signed!

• The Magna Carta was sealed, not signed, with a wax seal.
• The King's seal displayed an image of him holding a sword and an orb.
• The seal also included his royal titles around the seal's edge.
• The seal was fastened to the bottom of the document.

Magna Carta Annulled!

• King John was forced to grant Magna Carta.
• He had no intention of upholding the agreement.
• John appealed to Pope Innocent III asking him to overturn the Magna Carta.
• The Pope annulled the Magna Carta within just a few months of its issuance.
• The Magna Carta was later reissued after King John's death.

Equity & its Principles - Summary

• Equity acts independently, but complements and enhances common law.
• It addresses common law's deficiencies and promotes fairness and reasonable results
• Equitable remedies exist to address situations in which common law remedies are inadequate.
• Equity operates on principles and maxims, with fairness being the central concept.

Historical Background of Equity

• Common law was often slow, technically complex and deficient.
• Compensation (damages) was a significant element of common law remedies.
• Writ system was restrictive
• Equity was created to address these issues, using petitions to the Crown for justice.
• Responsibility for directing equity was delegated to the Lord Chancellor.

Writs

• Writs are legal documents used by the King's courts for administrative and land disputes.
• Habeas Corpus, Mandamus, Prohibition, and Certiorari were examples of writs.
• They established procedures and constraints for landowners.

Maxims of Equity

• Equity aims for fairness and justice in resolving disputes.
• It uses principles (maxims) to guide decisions, emphasizing fairness.

Equity Follows the Law

• Equitable remedies are supplementary to—not replacements for—common law.
• Equity does not contravene existing law.
• Equity is crucial in preventing injustice.

Equitable Remedies

• Equitable remedies include injunctions, specific performance, rescission, and rectification.

A New Court

• The Court of Chancery was established in 1474.
• It operated independently, basing decisions on facts, not merely law.
• This court was based on fairness, unlike common law courts.
• The Court of Chancery challenged common law courts' decisions, leading to conflicts between the two legal systems.

The Judicature Act (1873 & 1875)

• The Judicature Acts reorganized the higher courts to promote efficiency and consolidate different court divisions.
• Introduced a cohesive system of pleadings and procedures.
• This resulted in a unified system of law.

Industrial Standpoint

• Industrial and commercial stakeholders pushed for legal reform, highlighting the need for court systems to efficiently deal with complex commercial cases.
• This led to abolishing the old courts and introducing a new Supreme Court of Judicature alongside the High Court of Justice and the Court of Appeal.

HC, CA & HOL

• The Common Pleas and Exchequer court divisions were phased out in 1880.
• A unified court of Appeal simplified appeals, while the House of Lords assumed its final appellate role.

The European Union (EU)

• A multinational body consisting of 27 European countries, managing common economic, social, and security policies.
• EU membership includes many nations.
• Membership expanded eastward in the 21st century.
• The UK was a founding member and later left the EU in 2020.

EU Memberships-Summary

• The EU evolved from an initial focus on Western Europe to encompass a wider area.
• The UK was a founding EU member but left in 2020.

European Union Timeline

• Shows the timeline of countries joining the European Union.
• Includes joining dates for the EC and EU.
• The UK's entry and withdrawal years are listed.

The European Union - Origins

• Following WWII, European nations aimed for greater economic and political harmony, to promote reconciliation, military security, and economic growth.

The European Coal & Steel Community (ECSC)

• The ECSC, established in 1951, was a precursor to the EU; six initial members- Belgium, France, Italy, Luxembourg, Netherlands, and West Germany.
• It focused on free trade among members in crucial industries like coal, steel, and iron.

The European Economic Community (EEC)

• The EEC, established in 1957, built upon the ECSC through the Treaty of Rome.
• It extended the common market to include goods, services, capital, and labour.
• Key policies (CAP) and trade policies shaped its functioning

The European Union (EU) - Timeline

• Shows the development of the EU based on key treaties.
• There is a broad overview of the main events that led to the formation of the EU.

This quiz explores critical legal milestones in the UK, focusing on significant events like the Magna Carta and the Judicature Act. It delves into the historical context, including the reign of King John and how these developments shaped modern law. Test your knowledge on the impact of these legal documents and their relevance to the UK's legal system.