1. Sources of Law
- Varsha Aithala

2. 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
Reference: Short title + Year
Section – subsection- paragraph

3. 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.

4. 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

6. 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 (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Official reports- W.L.R – Weekly Law Reports in 3 volumes – superseded by the version in Law Reports.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!

7. 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.

8. 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

9. 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

10. Carlill v. Carbolic Smoke Ball Co
Facts
Arguments
For the plaintiff
For the defendant
Law
Ratio
Obiter
Relevance?

11. 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).

12. 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?