English Legal System

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Statute Law is made by...

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Parliament

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Common Law is made by...

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The way law has evolved

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Law of Equity is made to...

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Counter the rigidity of Common Law

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Common Law matters are dealt with by...

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The Queen's Bench

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Equity matters are dealt with by...

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the Chancery

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Equity looks to the ? rather than the ?

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Equity looks to the intent rather than the form

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He who comes to equity must come with...

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Clean hands

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? defeats equity

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Laches (delay) defeats equity

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EU law was introduced in the UK through...

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The European Communities Act 1972

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Supremacy of EU law over UK law is proven by...

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Marshall v Southampton & SW Hampshire Area Health Authority (Teaching) (1986)

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Marshall v Southampton & SW Hampshire Area Health Authority (Teaching) (1986)

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Supremacy of EU law over UK law

Miss Marshall claimed that she had been discriminated against because of her gender by of early dismissal

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The Treaty on European Unity (Maastricht Treaty)

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Created EU citizenship

Granted new powers for the EU

Increased power for the European Parliament

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The Treaty on European Reform (Lisbon Treaty)

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Created the European Council

Created the High Representative of the EU for Foreign Affairs and Security Policy

Made the EU more democratic

Increased the power of the European Parliament so that it was equal to the Council of the EU

Created the Citizen's Initiative to debate an issue if there is a petition by 1m+

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Council of the European Union (CEU)

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Supreme lawmaker, legislates proposals from European Commission

One minister from each state, on the basis of the topic discussed

Revolves presidency every six months

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European Commission (EC)

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Day-to-day management of the EU

Commission President appointed by European Council

One commissioner from each state (must act in EU interests)

Guardian of the Treaties

Drafts legislation for the CEU

Implements legislation

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European Parliament

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MEPs are elected within member states and retain domestic outlook

Elections every five years

Represents EU citizens

Works with CEU on proposed laws

Monitors and can dismiss the EC

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European Court of Justice (ECJ)

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President, one judge per member state and eight Advocates-General

The Advocates-General suggest an unbiased conclusion for judges to rule on

Can take action against a member state or EU institution

No appeal route, but not bound by previous decisions

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EU regulations are designed to...

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Achieve uniformity of law among member states

-(Leonesio v Italian Ministry of Agriculture (1973))

-(Consorzio del prosciutto di Parma v Asda Stores Ltd (2003))

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Leonesio v Italian Ministry of Agriculture (1973)

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EU regulations designed to achieve uniformity of law among member states

The Italian government tried to withhold payment promised by an EU regulation for not producing milk

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Consorzio del prosciutto di Parma v Asda Stores Ltd (2003)

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EU regulations designed to achieve uniformity of law among member states

Parma Ham Association tried to bring a claim agaist Asda for labelling parma ham, but the EU regulation describing packaging requirements had not adequately been brought to the attention of Asda so it was unenforceable

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EU directives seek to...

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Harmonise the law of member states

-(Van Duyn v Home Office (1974))

-(Pubblico Ministero v Ratti (1979))

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Van Duyn v Home Office (1974)

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Lack of implementation of an EU directive does not excuse denial of rights

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Pubblico Ministero v Ratti (1979)

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Lack of implementation of an EU directive does not excuse denial of rights

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The European Convention on Human Rights

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Enshrines basic human rights and created the European Court of Human Rights

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The Human Rights Act 1998

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Measures by police must be proportionate

-(Austin v Commissioner of the Police of the Metropolis (2009))

Domestic courts must take the decisions of the European Court of Human Rights into accounts

-(Garry Flitcroft v Mirror Group Newspapers Ltd (2002))

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Austin v Commissioner of the Police Metropolis (2009)

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The Human Rights Act 1998 - Measures by the police must be proportionate

Ms Austin claimed that the police deprived her of her liberty when they detained her at a demonstration, but the claim was dismissed

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Garry Flitcroft v Mirror Group Newspapers Ltd (2002)

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Domestic courts are obligated to take decisions of The European Court of Human Rights into account

The Court of Appeal refused to grant an injunction to prevent publication of Mr Flitcroft's extramarital exploits

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Which courts are not bound by their own decisions?

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The European Court of Justice and The Supreme Court

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The Court of Appeal (Civil Division) is not bound by its own decisions when...

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An earlier decision was made 'per incuriam' (in error)

When two previous decisions conflict

When a previous decision has been overruled --(Young v Bristol Aeroplane Company (1944))

When a legal principle didn't existat the time ---(R (on the application of Kadhim) v Brent London Borough Housing Benefit Review Board (2001))

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Young v Bristol Aeroplane Company (1944)

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The Court of Appeal (Civil Division) is not bound by its own decisions in certain circumstances

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R (on the application of Kadhim) v Brent London Borough Housing Benefit Review Board (2001)

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The Court of Appeal (Civil Division) is not bound by its own decisions if a legal principle did not exist at the time

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The High Court decisions are only binding with the court when...

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The decision is by two judges and one judge is currently sitting alone

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Is the Crown Court bound by its decisions?

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No, because it uses a jury

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'Ratio dicidendi' means...

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Reason for decision

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'Obiter dicta' means...

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Passing comments

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What is the civil courts hierarchy?

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ECJ

Supreme Court

Court of Appeal (Civil Division)

The High Court (QBD/Chancery/Family)

County Court

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What is the criminal courts hierarchy?

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ECJ

Supreme Court

Court of Appeal (Criminal Division)

Crown Court

Magistrate's Court

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Supreme legislations is enacted by...

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Parliament

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Delegated/secondary legislation is enacted by...

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specialist bodies. It is open to challenge in the courts, and can be void or ultra vries

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What is the process of legislation in the Houses of Commons and Lords?

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1st reading (title only)

2nd reading (full debate)

Committee (small sample of MPs)

Report

3rd reading

Royal Assent

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What are the three rules of statutory interpretation?

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Literal rule

Golden rule

Mischief rule

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The golden rule of interpretation

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Can moderate wording if there is clear ambiguity -(Alder v George (1964))

-(Inco Europe Ltd v First Choice Distribution (2000))

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Adler v George (1964)

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The golden rule can be used to interpret clear ambiguity

Prisoners were guilty of obstructing HM Forces in a prohibited place, but also within the vicinity of the place

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Inco Europe Ltd v First Choice Distribution (2000)

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Words can be added to a statute to give effect to Parliament's intention

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The mischief rule of interpretation

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Looks at the statute's intention

-(Smith v Hughes)

-(Elliott v Grey (1960))

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Smith v Hughes

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The mischief rule looks at a statute's intention

A prostitute solicited customers from a balcony, but this was under the scope of 'a public place'

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Elliott v Grey (1960)

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The mischief rule looks at a statute's intention

An uninsured car was jacked up, but was still considered to be 'on the road'

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'Ejusdem generis' means

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Things of the same kind

-(Powell v Kempton Park Racecourse Company (1899))

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Powell v Kempton Park Racecourse Company (1899)

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Ejusdem generis

-An act prohibited keeping a place for the purpose of betting, but it didn't a Tattersalls Ring at the racecourse because all the prohibited places were indoors

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'Noscitur a sociis' means

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A thing known by its comparisons

-(Pengelly v Bell Punch Co Ltd (1964))

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Pengelly v Bell Punch Co Ltd (1964)

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Noscitur a sociis

-All passages and gangways should be kept free from obstructions, but this did not apply to part of a factory used for storage

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'Expressio unius est exclusio alterius' means

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Express mention of one thing excludes others

-(R v Sedgely Inhabitants (1831))

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R v Sedgeley Inhabitants (1831)

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Expressio unius est exclusio alterius'

-Raising taxes on coal mines specifically meant that it did not apply to a limestone mine

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An interpretation clause is an ? aid

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An interpretation clause is an intrinsic aid

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The Interpretation Act 1978 is an ? aid

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The Interpretation Act 1978 is an extrinsic aid

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Criminal liability requires...

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A wrongful act (actus reus)

A guilty mind (means rea)

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Civil liability requires...

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Tort

Breach of contract

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In the County Courts, most cases are dealt with by the ? judge, and complex cases by the ? judge

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In the County Courts, most cases are dealt with by the district judge, and complex cases by the circuit judge

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In the County Courts, the limit for equity and land disputes is...

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£30,000

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In the County Courts, the limit for consumer credit agreements is...

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£25,000

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What is the appeal hierarchy from the civil courts?

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District Judge in County Court

Circuit Judge in County Court

High Court Judge

Court of Appeal Civil Judge(s)

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The High Court of Justice

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Has complete powers

Handles judicial reviews (eg ultra vries)

Hears criminal appeals for admin claims only

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What are the divisions of the High Court?

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Chancery Division

Family Division

Queen's Bench Division

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The Chancery Division of the High Court deals with...

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Equity

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The Family Division of the High Court deals with...

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Matrimonial matters

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The Queen's Bench Division of the High Court deals with...

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Common law

Public bodies

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A litigant can apply to the QBD of the High Court for which orders against public bodies?

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Mandatory

Prohibiting

Quashing

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The Court of Appeal (Civil Division)

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Headed by Master of the Rolls

Staffed by Lord Justices of Appeal

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The Supreme Court

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Hears both civil and criminal cases

Has a President and 12 Justices of the Supreme Court

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What are the alternative forms of dispute resolution?

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Informal negotiations

Mediation

Conciliation

Arbitration

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What are the restrictions for each civil 'track'?

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\< £10,000 - Small Claims

£10,001 - £25,000 - Fast-Track

>£25,000 - Multi-Track

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What executions are available on a civil judgement?

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Warrant of execution

Charging order

Attachment of earnings

Third party debt order

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What sort of disputes do tribunals deals with?

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Public body

Emplyment

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How many first tier and upper tribunal chambers are there?

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Seven first tier chambers

Four upper tribunals

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What is the difference between solicitors and barristers?

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Solicitors offer general services

Barristers are specialists and can only be approached through solicitors

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What case decided that solicitors and barristers could no longer be immune from negligence?

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Arthur Hall and Co v Simons (2000)

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Arthur Hall and Co v Simons (2000)

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Solicitors and barristers can no longer be immune from negligence