English law

Sources of English Law

• Common law is the foundation and prime source of English law.
• Statutory legislation, including Acts of Parliament, regulations, and by-laws, is the most authoritative law.
• In the absence of statutory law, common law based on judicial decisions, custom, and usage is the residual source of law.
• Equity is another historic source of judge-made law, mainly concerned with trusts and equitable remedies.
• Hierarchy of sources: legislation, case law (common law and equity), parliamentary conventions, general customs, books of authority.
• European Union law no longer applies in England due to Brexit.
• Statute law includes Acts of Parliament, Acts of the Scottish Parliament, Acts of the Senedd, and statutory rules of the Northern Ireland Assembly.
• Secondary legislation includes statutory instruments, ministerial orders, and by-laws.
• Statutes are cited using the Short Title and year, e.g., Theft Act 1968.

Legal Terminology

• Criminal law deals with crime and punishment, prosecuted by the Crown.
• Civil law covers torts, contracts, families, companies, etc.
• Civil law courts provide remedies such as damages or declarations.
• Terms used in legal proceedings include claimant, plaintiff, petitioner, etc.

Common Law and Civil Law

• Civil law is prevalent in Europe and based on codified law, like the Napoleonic Code in France.
• English law is a common law jurisdiction built upon case law.
• Common law refers to judge-made law of the Kings Bench, while equity is the judge-made law of the Court of Chancery.
• Equity operates according to maxims of equity, such as 'Equity will not suffer a wrong to be without a remedy.'
• The Judicature Acts of the 1880s merged the courts into one Supreme Court of Judicature administering both law and equity.

British Legal System and International Law

• The UK has a central federal Supreme Court and a supreme court in each state.
• Decisions of the Privy Council made before the change of jurisdiction remain binding legal precedent.
• International treaties must be ratified by Parliament and incorporated into statute before becoming binding in the UK.
• Britain has played a leading role in drafting international conventions on shipping and maritime trade.
• The English law of salvage, collisions, ship arrest, and carriage of goods by sea are subject to international conventions.

Application of English Law to Different Jurisdictions

• Wales is not a separate jurisdiction within the UK.
• The customary laws of Wales were abolished by King Henry VIII's Laws in Wales Acts.
• Wales has a devolved parliament, but legislation must adhere to circumscribed subjects under the Government of Wales Act 2006.
• Any reference to England in legislation between 1746 and 1967 includes Wales.
• The UK comprises three legal jurisdictions: England and Wales, Scotland, and Northern Ireland.
• Scotland and Northern Ireland have separate legal systems.
• The Supreme Court of the United Kingdom is the highest civil appeal court, binding on all three UK jurisdictions.
• Scots law has remained distinct from English law.

English law Mentions

English law Data Sources