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English Legal System

English Legal System. “It is not a faultlessly coherent and single, logically developed system. It grew piecemeal and various parts of it have been reformed and reshaped to suit the perceived needs of the time.”

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English Legal System

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  1. English Legal System “It is not a faultlessly coherent and single, logically developed system. It grew piecemeal and various parts of it have been reformed and reshaped to suit the perceived needs of the time.” “Most Civil cases are not hear in the civil courts at all but one of the major alternative forums which have proliferated in the 20th Century.” Reference: Darbyshire, English Legal System 6th edition p.1

  2. The Court Structure • Criminal Courts • Magistrates’ courts • The Crown Court • The Queen’s Bench Division of the High Court The Court of Appeal-Criminal Division • The House of Lords (Appellate Committee) • The Privy Council (Judicial Committee) • The European Court of Justice • The European Court of Human Rights

  3. The Court Structure • Civil Courts • Magistrates’ Court • The County Court • The High Court • The Court of Appeal-Civil Division • The House of Lords (Appellate Committee) • The Privy Council (Judicial Committee) • The European Court of Justice • The European Court of Human Rights

  4. Alternative to the Courts • Tribunals • Arbitration • by contract • by reference from the court • By statute • Alternative Dispute Resolution (ADR) • Mediation • Conciliation • Arbitration

  5. Sources • Acts of Parliament • “Parliamentary sovereignty precludes the courts’ questioning Acts of Parliament where there is no conflict with EC Law.” • EC legislation • The European Convention of Human Rights • Precedent • State of law • Ratio decidendi (reasoning) • In a court whose decisions are binding • Obiter dictum is not binding

  6. Interpretation of Statutes • Need for interpretation • Ellipsis • Broad Terms • Politic uncertainty • Unforeseeable developments • Miscellaneous drafting errors • Rules of interpretation • The Literal Rule • The Golden Rule (permitting to depart from giving their ordinary natural meaning) • The Mischief Rule (much wider approach) • Contextual approach

  7. Personnel • Solicitors • 38.6% Woman • Barristers

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