Legal System in the UK

The Legal System

• The United Kingdom has three legal jurisdictions: England and Wales, Scotland, and Northern Ireland.
• The English legal system has various sources of law including common law, equity, Acts of Parliament, statutory instruments, international treaties, EU law, conventions, works of authority, and custom.
• Common law is a system of laws that evolve from judicial decisions, creating precedents binding on future decisions.
• Case law, or precedent, is subordinate to legislation passed by Parliament.
• Stare decisis is the principle where similar cases should be decided according to consistent principles.
• The principle of Equity seeks justice when strict application of law would be overly harsh.
• Acts of Parliament are primary instruments of law made by Parliament.
• Parliamentary sovereignty means that Parliament is the ultimate law-making body in the UK.
• Statutory Instruments are subordinate legislation that allows Acts to be amended without new Acts.
• Acts of the Senedd Cymru have equal status to UK Parliament Acts regarding devolved matters.
• International treaties are international agreements between countries (conventions, protocols or charters).
• EU law no longer prevails over UK domestic law passed after 31 December 2020 ("IP completion day"), but still prevails with respect to interpretation of pre-IP completion day.
• Conventions and customary adherence give them authority and effect.
• The judiciary (the Parliament, Government, Sovereign, courts, and judiciary) are law-making institutions in the English legal system.
• Customs are rules which have gained legal force.

Courts of England and Wales

• The civil and criminal courts are part of Her Majesty's Courts and Tribunals Service.
• The Supreme Court is the highest court of appeal for civil cases, along with England and Wales.
• Magistrates' Courts deal with summary offences.
• Crown courts handle serious criminal offences and appeals from Magistrates' Courts.
• Civil courts aim to restore the parties involved to their original position, rather than punish, in cases of disputes.
• The objective of criminal courts is to allow the State to punish people for offences against society.
• The 51% probability test applies in civil cases, whereas the 99% test applies in criminal cases.
• Courts will sometimes hear cases on whether the laws passed were correct or not, with judicial review and case stated.

Court Structure and Jurisdiction

• The structure of civil courts in England and Wales involves the High Court (for higher value cases) and the County Court (for lower value cases).
• The High Courts are divided into three Divisions: King's Bench, Chancery, and Family.
• The hierarchical structure of the courts in the UK has the UK Supreme Court at the top.
• Appeals can be made between courts at different levels of the court system hierarchy.
• There is a right to trial by jury in some civil cases, mainly those involving fraud, malicious prosecution, or false imprisonment.
• Other tribunals such as Employment Tribunals or Mental Health Act Tribunals exist.

The Doctrine of Precedent

• The doctrine of precedent requires courts to follow previous decisions in similar cases where similar facts are involved.
• The ratio decidendi is the binding principle of law of a previous court's decision.
• Obiter dicta are statements made by a judge that are not necessary for the decision.
• The Supreme Court, High Court, Court of Appeal, and lower courts observe binding precedent.
• The Court of Appeal can overrule any of its earlier decisions, if needed or in error.

Sources of EU Law

• EU law consists of treaties, regulations, directives, and decisions.
• EU treaties establish the powers of European institutions and determine the framework for policies.
• Regulations apply automatically across all EU countries.
• Directives require countries to achieve certain goals.
• Decisions are binding on the addressees.
• EU law is considered primary law.
• Secondary EU law is made within the limits of the EU's powers.
• EU law has direct effect in national courts but is subject to varying interpretation based on how it's used across EU member states.

Retained EU law

• EU law that continues to apply within the UK post-Brexit
• The WA between the UK and EU ensures the continuing effect of EU law.
• Domestic law derived from the UK's EU obligations.
• EU-Derived Domestic Legislation - gives effect to EU-derived domestic law.
• Direct EU Legislation - includes EU regulations, decisions or tertiary legislation existing prior to IP completion day.
• Residually Retained EU law - recognises and permits the continuation of pre-IP completion day rights in domestic law.