Legal Developments in UK PDF

Legal Developments in UK LSH  Learning Outcomes Magna Carta, Judicature Act European Union.  Magna Carta Libertatum (Latin) The Royal Charter of Rights / The Great Charter The first written document | prohibited the King from exploitin...

Legal Developments in UK LSH  Learning Outcomes Magna Carta, Judicature Act European Union.  Magna Carta Libertatum (Latin) The Royal Charter of Rights / The Great Charter The first written document | prohibited the King from exploiting his powers 1215 - Medieval Latin on animal skin.  ‘John’ The Dictator Made powerful enemies. Lost most of the lands. Taxed his Barons heavily and ignored their traditional rights Arrested/kidnapped/starved people to death. Quarrelled with the Catholic Church and collected large amounts of money from its properties. Punished people for minor crimes without trial.  A meeting with the King… The barons, the Church of England and the people were tired of John's disregard for the law. The barons took control of London and it seemed that war was unavoidable. The Archbishop of Canterbury, attempted to negotiate with King John and the barons. A list of demands, "The Articles of the Barons" was drafted, and a negotiation was arranged To avoid war, John had to agree to observe the law and the traditional rights of the nobles and the Church.  Sealed not Signed! The document was signed not with a pen/ feather quill, but with a wax seal The King’s seal had an image of him holding a sword in one hand and an orb in the other. It also listed his royal titles around the edges. The seal was fixed to the bottom of the document.  Magna Carta Annulled! King John was forced to grant the Magna Carta. No intention of honouring the agreement. Soon after, he wrote to Pope Innocent III in Rome, asking him to annul the Magna Carta. The Pope agreed and the Magna Carta was annulled not even 03 months after it was granted. Reissued after the death of King John.  Rights & Liberties cannot be violated Women no Democracy: longer rule by the oppressed! people Magna Carta Access to Habeas Justice Corpus The Rule of Law Equity & its Principles  Historical Background The common law was formal, slow-moving, defective and highly technical. Damages/ money compensation The writ system Latin only. o Equity was developed to combat the defects of the common law. o Petitioning to the King for fairer answers – ‘fountain of all justice’ o Opened floodgates. Led to the delegation of responsibilities to the Lord Chancellor (Churchman).  Writs Writs developed in the middle ages in England, originally for the King's court to settle land ownership and title disputes or lodge complaints against landowners. Habeas Corpus Mandamus Prohibition & Certiorari Quo-Warranto  Maxims of Equity Equity = fairness & justice – on which basis a system of determining the outcome of disputes also evolved, based on reaching a fair solution. These principles guide Judges in a Court of Equity & are known as the maxims of equity – all to do with fairness. Hence, it is a set of general principles/rules which are said to govern the way in which equity operates to achieve its goals. These principles are followed subject to the discretion of the Court.  Equity follows the law - Equity will not permit a remedy that is contrary to the common law or statute. Equity is a supplementary system, which is dependent on the common law. - Equity seeks to prevent injustice, not by replacing or overruling the common law. Equity will not suffer a wrong to be without a remedy - Equity will intervene to protect a recognized right which is not enforceable at common law. - Including remedies such as specific performance & injunctions, because damages are inadequate. Equity acts in personam - Equitable remedies are personal in nature and are exercised against specific persons rather than against particular property owned by them. - An equitable dispute is between the parties, so it will not pass onto a third party/thing. He who seeks equity must do equity - In order to be entitled to equitable relief, the claimant must act fairly and in an honourable manner toward the other party.  He who comes into equity must come with clean hands - This maxim looks at the past conduct of the claimant and requires that the person seeking equitable relief has acted in a bona fide manner. - Equitable relief is discretionary and evidence of misconduct or dishonesty in relation to the relief being sought may lead the court the refuse to grant the remedy on the basis of ‘unclean hands’. Delay defeats equity - If a person seeking an equitable solution to a legal problem fails to bring an action in a reasonable time, he may lose the remedy. - This maxim is enshrined in the phrase vigilantibus, non dormientibus jura subveniunt; the law assists the vigilant, not those who sleep. Equity is equality - Equity is inclined to apply the principle of equality, wherever possible. Equity favours the equal division of property. - For example where two or more parties claim to have an interest in the same property, in the absence of agreement to the contrary, equity will assume that they have equal shares. Equity looks to intention, not the form - Equity looks to the substance of the transaction, rather than the form of the transaction and does not require unnecessary formalities.  Equitable Remedies Injunction Specific Performance Rescission Rectification  A New Court… Court of Chancery, staffed by clerks of the Chancellor – independent Court in 1474. Not bound by the writ system – based decisions on facts, not law - & cases heard in English. Because the Chancery overruled the decisions of the common law Courts, conflicts developed between the two. Earl of Oxford’s case – held that in conflicts between the two, equity would prevail. Eventually, equity became just as formalized as common law.  The Judicature Act In the Judicature Acts 1873 & 1875, the Court of Chancery became a division of the new High Court & equitable remedies could be awarded in any Court alongside the common law remedy of damages. Judicature Act (1873 & 1875) The higher court system, which had existed since the Middle Ages, was completely reorganised by the Judicature Acts passed by Parliament in 1873 and 1875. Established a uniform system of pleadings and procedure for all divisions of the Court. The act was the first modern attempt to reduce the clutter and the consequent inefficiency of Courts  Industrial Standpoint The demand for such reform came from Britain's leading industrial, commercial and financial stakeholders who found that complex commercial cases often required the attention of different branches of law in different courts. Under the 1873 Act the old higher courts were abolished and a new Supreme Court of Judicature was created alongside the High Court of Justice and the Court of Appeal.  HC, CA & HOL Further trimming of the system took place in 1880 when the Common Pleas and Exchequer divisions were abolished. The establishment of a single Court of Appeal above the High Court, simplifying the varied procedures of appeals. The role of the House of Lords as the highest Court of Appeal in the land was finally placed on a proper judicial footing.  The European Union (EU) An international organization comprising of 27 European countries and governing common economic, social, and security policies of the region. Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.  EU Memberships Originally confined to Western Europe, the EU undertook a robust expansion into Central and Eastern Europe in the early 21st century. The United Kingdom, which had been a founding member of the EU, left the organization in 2020.  The European Union - Origins At the end of WWII, several Western European countries sought closer economic, social, and political ties to achieve economic growth and military security and to promote a lasting reconciliation between France and Germany.  The European Coal & Steel Community (ECSC) In 1951 the leaders of six countries—Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany—signed the Treaty of Paris, thereby, when it took effect in 1952, the ECSC was found. Free-trade area - key economic and military resources: coal, coke, steel, scrap, and iron ore.  The European Economic Community (EEC) On March 25, 1957, the six ECSC members signed: The Treaty of Rome This established the European Economic Community (EEC) that created a common market & featured the elimination of most barriers to the movement of goods, services, capital, and labour, the prohibition of most public policies or private agreements that constrain market competition, a common agricultural policy (CAP), and common external trade policies.  The European Union The EU was created by the Maastricht Treaty, which entered into force on November 1, 1993. The treaty was designed to enhance the European political and economic integration by creating ✓ a single currency (the Euro), ✓ a unified foreign and security policy, ✓ common citizenship rights, and ✓ by advancing cooperation in the areas of immigration, asylum, and judicial affairs. Thank You! Lecturer : Ravini Perera Email : [email protected]