An Introduction to the English Common Law System

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The United Kingdom (the UK) has three separate legal systems: one for England and Wales, one for Scotland and one for Northern Ireland.

The UK has an unwritten constitution, meaning that there is no single written document that sets out the rights of individual citizens and how the Government should act. This may be of no surprise to anyone who has witnessed the behaviours of certain government officials in recent years.

The English legal system, however, has many key Acts and unique procedures that make it highly regarded across the world, particularly in cases of international importance.

Main sources of law

1. Acts of Parliament (also known as statutes, or ‘primary legislation’)

Although the UK has an unwritten constitution, important elements are found in Acts, which are laws that have been put in place by Parliament.

Some of the key Acts are as follows:

  • Magna Carta 1215
  • Bill of Rights 1689
  • Act of Settlement 1701
  • Acts of Union 1706-07
  • Parliament Acts 1911 and 1949: these Acts ensure that the elected House of Commons prevails over that of the unelected House of Lords.
  • Police and Criminal Evidence Act 1984. This provides the police with powers of arrest, search and detention, as well as safeguards to encourage police to not, in theory, abuse their powers.
  • Public Order Act 1986. This allows limitations to be placed on protests and demonstrations and has had some updates as of 2021.
  • Human Rights Act 1998
  • Acts of devolution (for example, the Scotland Act 1998)
  • Constitutional Reform Act 2005

2. Common Law (also known as judicial precedent or case law)

In the UK, a court follows precedents established by previously decided cases with similar facts. This is aimed at providing certainty and consistency, due to the absence of an actual written (codified) document.

There are two main types of precedent:

Binding precedent – Binding precedent is formed through the ratio decidendi, the essential elements of a judgment that must be followed by lower courts when adjudicating a case.

Persuasive precedent – Some precedents are not legally binding, but regarded as “persuasive”. This means they can be taken into account by a court, but the court is not bound to follow them. These might include decisions from courts in other jurisdictions or dicta, which are speculations on what the judge’s decision might have been if the facts of the case were different.

Classification of law

Criminal Criminal law defines what offences are, and regulates the apprehension, charging and trials of people suspected of committing an offence. Prosecuted by the State, criminal law also defines the sentences or punishments applicable to any given crime.

Civil Civil law is concerned with disputes between private parties, for example, landlord and tenant, employer and employee. The injured party takes the other party to court, often to obtain compensation for an injunction.

Non-statutory civil law Other types of civil law include contract law, torts and trusts. Torts can include negligence, nuisance, trespass, defamation, and breach of contract.

Only legal ‘persons’ can become liable or pursue an action under the law. This includes:

  • A natural person (a human being)
  • An artificial person (for example, a limited company)

Key points

  • The UK does not have a single written constitution document. Instead, the constitution is based on parliamentary sovereignty and the rule of law.
  • Law can be classified as civil or criminal
  • Sources of law may include statute, common law or the EU (some aspects of EU Law remain after Brexit, but the UK is not bound to future changes of EU Law)
  • Precedents in previous cases can have binding authority

For expert legal advice regarding matters of English law, get in touch with the team at Carlsons Solicitors.

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