Sources of Law - Varsha Aithala

Private law: Statute: Primary: Companies Act 2006 Secondary/ delegated legislation - statutory instruments (or regulations) made by the Department for Business, Innovation & Skills (BIS) - Consolidating Act – Primary legislation + Amending Acts Look for these in UK Statute Law Database http://www.legislation.gov.uk/ Reference: Short title + Year Section – subsection- paragraph

2. Common law: common to the whole of England 2. Common law: common to the whole of England. Not from statute but from case law: When a problem comes to the courts which parliament hasn’t made a law on, then the decision that the judges make becomes ‘common law’ Basically, judges follow their own decisions to stay consistent until Parliament makes a new law to cover it - PRECEDENT 3. Equity: Example: Trusts law, specific performance, injunctions etc. - If there is conflict between common law and equity, principles of equity prevail.

Hierarchy of courts Supreme Court (formerly the House of Lords) and the Judicial Committee of the Privy Council Court of Appeal High Court Crown Court and County Courts Magistrates’ Courts and the Tribunals Service

Law Reports Law Reports: Each division of the High Court + decisions of first instance +appeals to Court of Appeal Barret v Enfield LBC [2001] 2 AC 550 R (On the application of TB) v The Combined Court at Stafford [2006] EWHC 1645 (Admin) Appeal Cases reports: Appeal from Court of Appeal to House of Lords/ Supreme Court (now) + decisions of Court of Appeal Dingmar v Dingmar [2006] EWCA Civ 942 Official reports- W.L.R – Weekly Law Reports in 3 volumes – superseded by the version in Law Reports. Private reports- All.E.R and T.L.R (Times Law Reports) – annual edited versions – caution!

Basic terminology -PLAINTIFF The person/people who bring a case to court. Person with a claim against another. -CLAIMANT Another word for plaintiff. -DEFENDANT The person who the claim is brought against. -DISSENTION The minority view of a judge/s which is in disagreement with the others. -SUPREME COURT The highest court in the country, earlier called the House of Lords. -APPEAL A case can go to appeal; it goes up to a higher court with more responsibility who can overturn a decision.

How to read case law from law report? “Mastering that lawless science of our law, That codeless myriad of precedent, That wilderness of single instances, Through which a few, by wit or fortune led, May beat a pathway out to wealth and fame” -Tennysson - Catch words – brief words – relevance - Head note – summary by reporter - check for dissenting decision - read majority decision - then read dissenting decision Note**: Now Court of Appeal – ‘judgement of the court’ – a single voice What is the ratio? Ratio decidendi What is the obiter? Obiter dictum Why does that matter? Precedent!! Stare decisis Read arguments of the losing side REM: Index of Reported Cases v/s Cases Judicially Considered

Referencing Rhodes v OPO & Anor [2015] UKSC 32, [2015] 2 WLR 1372 Case name | Neutral citation | Law report Title Regina/ Rex v. party name – reverses when on appeal In re Smith/ Re Smith = in the matter of Smith

Carlill v. Carbolic Smoke Ball Co https://www.youtube.com/watch?v=pIP7r5v6O7U Facts Arguments For the plaintiff For the defendant Law Ratio Obiter Relevance?

Legislative drafting Draft a legislation: FACT: There has been a sharp increase in the number of accidents caused by people texting while driving. The Parliament has decided to pass a law in an attempt to solve the problem. Since you are the country’s top lawyer, they approach you to prepare the initial draft. -Draft a law that would reasonably solve the problem (i.e., you can’t say you cannot drive or that cell phones are now illegal).

Remember: Why do we need a law to control texting while driving? Who makes laws? Who interprets laws? Your law should be clear – why? There should be at least one necessary exception (e.g. texting is permitted to notify emergency personnel about an accident) At least one word or phrase should need clarification Does your law work?