MAUBARAK BOODHUN

BUSINESS AND CORPORATE LAW

WHAT IS LAW?

(Business Law 5th Edition, David Kelly, Ann Holmes and Ruth Hayward)

Law is a code that regulates the behaviour of members of a society. 'Law is a formal mechanism of social control',

It affects almost everything we do - buying a house, getting a job, making a will or getting divorced, for example.

Even something as simple as buying a bar of chocolate is covered by numerous laws: the law of contract; company law; sale of goods, food and drugs legislation; occupiers' liability; trades' descriptions law!

DIFFERENCE BETWEEN CIVIL AND CRIMINAL LAW

A crime is an offence against the state. The state prosecutes a person who is accused of a crime. The object is to prove guilt. Burden of proof guilt must be shown beyond reasonable doubt. Object to regulate society by the threat of punishment Punishment Fines Imprisonment Capital punishment

Civil law sets out the rights and duties of persons as between themselves. An action is brought by one person (the claimant) against another (the defendant). The object is to show liability. Burden of proof liability must be shown on the balance of probabilities. Object usually financial compensation to put the claimant in the position he would have been in had the wrong not occurred. Punishment is in the form of damages or some other court orders

R v Clarke R stands for either Regina or Rex R means the state prosecuting And Clarke is the accused

Plaintiff v Defendant ( claimant) Donoghue v Stevenson The plaintiff sues

TRESPASS ASSAULT BATTERY CONVERSION ( SELLING GOODS THAT DO NOT BELONG TO YOU) FALSE IMPRISONMENT NUISANCE NEGLIGENCE DEFAMATION

TYPES OF LAW..(1)

Common law is judge made law which developed by amalgamating local customary laws into one 'law of the land'. Remedies are monetary

Equity was brought in to introduce fairness into the legal system and offers alternative remedies when money is not sufficient. INJUNCTION SPO RESCISSION RESTITUTION RECTIFICATION

STATUTE LAWThis is law created by Parliament in the form of statutes. Statute law is usually made in areas so complicated or unique that common law alternatives are unlikely or would take too long to develop.

THE REFERENCE YEAR IS THE 1066 IT IS THE YEAR OF THE NORMAN CONQUEST BEFORE THERE WERE DIFFERENT TYPES OF LAW PREVAILING IN ENGLANDTHE DANE LAW ( THE VIKINGS AND THE SCANDINAVIANS ) THE MERCIAN LAW ( OF GERMANIC ORIGIN ANGLO SAXONS) THE WESSEX LAW ( A LAW APPLICABLE TO THE WEST AND SOUTH OF ENGLAND)

EXAMPLE

THE LAW OF INHERITANCEONE PART OF ENGLAND THE PRIMOGENITURE RULE APPLIED ( THE FIRST BORN RULE ) IN ANOTHER PART THE GAVELKIND APPLIED( ALL SONS WOULD INHERIT THE FATHER) IN YET

IN ANOTHER PART THE BOROUGH ENGLISH SYSTEM APPLIED ( THE YOUNGEST SON WOULD INHERIT THE FATHER)

PRIVATE AND PUBLIC LAWPrivate law deals with relationships between private individuals, groups or organisations. The state provides the legal framework (such as statutes) that allows individuals to handle the matters themselves. The state does not get involved.

Public law is concerned with government and the functions of public organisations. The key difference between public and private law is that it is the state that prosecutes under public law whereas the individual takes up the action in private law.

THE SOURCES OF LAWThe law, both criminal and civil, which relates to England and Wales derives from three main sources: case lawcommon law; and equity

legislationActs of Parliament Delegated Legislation

law from the European Community.

SOURCES OF LAW

Case law can be subdivided into:

common law equity.

Common law:developed from local customs introduced the system of precedent (see below) the only remedy is damages it is rigid and inflexible.

Equity:developed as a form of appeal to remedy injustices of the common law it is more flexible than the common law it introduced new discretionary remedies, e.g. injunctions and specific performance it is concerned with fairness and therefore will not be granted if there is undue delay in bringing the case or if the petitioner has himself acted unfairly.

PROBLEMS ARISING WITH THE COMMON LAW 1. Obsession with procedural details 2. Limited number of writs 3. There was only one remedy, ie damages 4. Corruption of the sheriffs; and 5. Delays attributable to all types of circumstances.

EQUITYBecause of the problems faced by many claimants and the fact that no remedy was available , they started to petition the crown The latter who was considered to be the fountainhead of justice in England started to use His DISCRETIONARY rights to grant a remedy and later on he passed on that responsibility to the Lord Chancellor who was his main adviser. This where equity emerged.

WHAT IS EQUITY . ?

Equity is the body of discretionary rules and remedies devised by the courts on the basis of fairness and good conscience to remedy the defects of the common law. The King later refered the petitions to his Lord Chancellor who, as a result, became known as 'the keeper of the King's conscience'. Lord Chancellor was a man of the church and so was assumed to settle these petitions on a basis of fairness and good conscience. This system of a fair decision became very popular and, as a result, a permanent court, called the Court of Chancery was set up. As the political and legal importance of this grew the office of Lord Chancellor came to be held by a lawyer.

WHAT IS EQUITY. ?

After a while the rulings of the Court of Chancery became less a function of the individual Chancellor's conscience and more a set of legal principles which were recorded and followed in the same way as the common law. This became known as Equity Equity is based on a series of maxims

Equity will not suffer a wrong to be without a remedy He who comes to equity must come with clean hands Delay defeats equity Equity looks to the intent rather than the form Equity acts in personam (remedies are given against the individual)

THE JUDICATURE ACTS 1873-1875

The simultaneous development of common law and equity caused problems. The common law was being supplemented and sometimes overruled by equity. A claimant might start his action in one court and, finding that after a long period of time he was getting nowhere, then transfer to the other. This created a dual court system and their decisions often conflicted. The Judicature Acts 1873-1875 amalgamated the different courts of common law and equity. It created the Supreme Court of Judicature with capacity to dispense both forms of justice. This court consists of two parts, the Court of Appeal and the High Court of Justice. From this time any court could administer the principles of both common law or equity. The court will always have a discretion as to whether to grant an equitable remedy rather than damages under the common law. However, if there is a conflict between the two sources of law equity will always prevail. The rules of common law and equity, now collectively known as case law, are administered in all courts. The distinctions which exist today between common law and equity are largely the result of their different historical development.

COURT SYSTEM IN ENGLANDFirst instance means the court in which the case is filed for the first time. A court may be said to have ORIGINAL JURISDICTION APPELLATE AUTHORITY as the court grows in status it will acquire authority to hear appeals. The higher the authority of the court the less will be its original jurisdiction and the more its appellate authority

THE COURT SYSTEM IN ENGLAND

The courts system: civil courts

The three-track systemA judge will review each case before it goes to court and will allocate it to one of three tracks: the small claims track the fast track the multi-track

The courts system: civil courts

Small claims track

Trials are held in the Small Claims Court at the County Court. The District Judge will hear the case with the claimant and the defendant and it is not necessary to have a solicitor present. It can hear cases worth up to 5,000 (up to 1,000 for personal injury). The procedure in the small claims track People are encouraged to bring their own case so that costs are kept to a minimum. It is possible to use a solicitor in the small claims track, however, the winner cannot claim the cost of their solicitor from the losing side. Judges in small claim cases play an active role in the proceedings, asking questions and ensuring that both parties explain all their important points.

Advantages of the Small Claims Track The cost of bringing a case is low, especially for claims under 1,000 If you lose you will not have to pay for the other side's solicitor People can bring the case themselves and do not need to use a solicitor The procedure is quick The District Judge helps the parties explain their case Disadvantages of the Small Claims Track For cases over 1,000 an allocation fee has to be paid Legal funding for a solicitor is not available Where the other side is a business they are more likely to use a solicitor, this puts an individual representing themselves at a disadvantage Research shows that District Judges are not always helpful to unrepresented parties Even if you win your case it doesn't mean the other side will pay you. Only about 60% of successful claimants actually receive all the money awarded by the court.

The courts system: civil courts

Fast trackA Circuit Judge hears these cases in the County Court. It includes cases worth between 5,000 and 15,000 (1,000 to 50,000 for personal injury claims). The Fast Track For fast track cases the court will set down a very strict timetable for pre-trial matters. The aim of this is to prevent either party from wasting time and adding unnecessary costs. Once a case is set down for a hearing the court aims to deal with the case within 30 weeks. A fast track trial will usually be heard by a circuit judge and will follow a more formal procedure than the small claims track. In an attempt to speed up the trial the hearing will be limited to a maximum of one day, with usually only one expert witness being allowed.

The courts system: civil courts

Multi trackCases worth more than 15,000 (50,000 for personal injury) will be allocated to either the High Court or the County Court. The allocation of an appropriate court will usually depend on the amount being claimed and/or the complexity of the law involved in the case.

OTHER COURTS IN THE SYSTEMMagistrates' court Jurisdiction is mainly criminal, but does have civil jurisdiction in family matters such as contact orders, adoption, and maintenance. There are also powers of recovery of council tax arrears and charges for water, gas and electricity. Appeals to Crown court or High Court.

OTHER COURTS.

European Court of Justice (ECJ)ECJ deals with actions between the EU institutions and the member states. It is the ultimate authority on the interpretation of European law. ECJ is therefore superior to the Supreme Court. Cases are referred to the ECJ by national courts.

No appeal.

OTHER COURTSEuropean Court of Human Rights (ECtHR) The final court of appeal in relation to matters concerning HRA 1998. Proceedings in the English courts must have been exhausted before ECtHR will hear a case.

No

appeal.

TRIBUNALSThere are two types of tribunal: Administrative tribunals are set up by statute to deal with specialist disputes as an alternative to the court system. Domestic tribunals are so called because they are set up by a particular body or club to regulate the conduct of their members.

EMPLOYMENT TRIBUNALS.

Employment tribunals are local tribunals established to hear disputes between an employee and their employer on certain statutory employment matters, such as unfair dismissal. Employment tribunals are composed of one legally qualified chairman, plus two expert laymen who are drawn from panels representing both sides of the industry. Appeals are to the employment appeal tribunal (EAT) and can only be made on a point of law. The EAT is composed of one High Court judge, plus two or four expert laymen.

ADVANTAGES AND DISADVANTAGES OF TRIBUNALS

Expertise: the case will usually be heard by someonewho has expertise in that area and can form his conclusion in line with accepted practice. This may quicken the process and reduce the necessity of employing expensive expert evidence.

Speed: tribunals are much quicker than taking thematter through the courts.

Cost: tribunals are a much cheaper procedure than taking the matter through the courts. As complainants do not have to rely on legal representation, there are no court fees and costs are not normally awarded against the loser.

Legal aid: except for lands tribunals and EATs, legal aid is not available to people pursuing a case at a tribunal. They may be entitled to legal advice and assistance, but this is unlikely to provide as much help as if they were represented at the hearing by a lawyer.

Informality: the proceedings are much lessformal and therefore less intimidating. The strict rules relating to evidence, pleading and procedure are not binding in tribunal proceedings.

LEGISLATIONLegislation is the law created by Parliament and other bodies to whom it has delegated authority. There are two main forms of legislation: Acts of Parliament; and Delegated legislation.

LEGISLATION..No written constitution in England. The parliament is supreme any law made by Parliament is supreme unless it conflict with the European Law or the Human Rights Act 1998 Parliament consists of the House of Lords and the House of Commons. The Lords is made up of the Archbishops of Canterbury and York, 24 senior Bishops of the Church of England, and Peers of the Realm with hereditary or life entitlement to sit and vote in the House.

LEGISLATION.The House of Commons is elected by universal adult suffrage, by means of secret ballot (although the clergy, full-time judges, members of the armed forces and prisoners serving one-year or greater sentences are not entitled to vote).

ACTS OF PARLIAMENT Acts of Parliament, or 'statutes', are legislation made by Parliament itself. An Act of Parliament, or statute, is binding on everyone in the jurisdiction. It is the highest source of law and will supersede both common law and equity.

PURPOSE OF AN ACT .

1 Create new law - An example of this is the Sex Discrimination Act 1975. This Act made it illegal, for the first time, to discriminate on the grounds of sex in certain circumstances. New law might amend existing law (whether existing legislation or case law) or cancel existing law (by 'repealing' old legislation or 'overruling' case law). 2 Authorise taxation - A Finance Act is passed each year after the Chancellor of the Exchequer has published the Government's budget. This Act will then authorise the levying of taxes.

PURPOSE OF LEGISLATION..3 Codify existing law - This is a way of putting all the existing sources of law on a particular topic into one statute. An example is when the Partnership Act 1890 put all of the then existing partnership law into a statutory form. The statute then superseded all of that existing law. 4 Consolidate existing statutes - This is where an Act; such as the Employment Rights Act 1996 and the Companies Act 2006, brings together in a single statute all of the provisions on a particular topic previously contained in several statutes.

HOW TO ENACT A STATUTE ?

An Act will start life as a Bill. There are three different types of Bills: Public Bills- These relate to the whole population or all of a certain class within the population. These Bills are usually proposed by the Government but back bench members of Parliament have limited opportunities to introduce Private Members' Bills. Private Bills - These relate to particular persons or places. These Bills are initiated by way of petition. The petitions are introduced by persons outside Parliament, such as local authorities. Hybrid Bills These are introduced as Public Bills but they also affect private interests in some way. Most Bills are Public Bills. They are sometimes first aired in public by way of Government Green Paper. Comments are received and a White Paper is then produced. This will set out the intended aim of the prospective statute. The Bill then has to travel through both Houses of Parliament and must be granted royal assent before it is enacted.

HOW TO ENACT A STATUTE ?First reading Second reading Committee stage Third reading The bill is then sent to the House of Lords Where the same procedure as the one at the House of Commons is used Act then sent for Royal Assent Published in the London Gazette At times it is made effective by proclamation

DELEGATED LEGISLATIONGiven the composition of Parliament, it is evident that there is limited amount of expertise across the House to analyse all Bills The real experts are outside parliament. It was therefore important to find a mechanism whereby Parliament would still keep its law making responsibility but at the same use the expertise available outside. This mechanism is called Delegated Legislation

TYPES OF DELEGATED LEGISLATIONOrders in Council are technically made by the monarch by and with the advice of Her Majesty's Privy Council. In reality the Privy Council is now a nominal body and the Orders are made by the Government-and formally sanctioned by the Privy Council. Only used in times of national emergency, for example to mobilise the Armed Forces on the outbreak of hostilities.

Orders in Council

Statutory Instruments

Statutory Instruments (also called Rules, Regulations and Orders) arc made by persons (e.g. a Minister) to whom the power has been delegated by Parliament. Parliament will do this by passing an Act of Parliament, or section of an Act, enabling a specified person to make laws within set limits. The Act is called an enabling Act. Statutory Instruments arc used in three main situations: To make detailed rules often of a technical nature. To alter monetary and other limits. To make Commencement Orders to bring Acts of Parliament (wholly or partly) into operation on specified date(s).

TYPES OF DELEGATED LEGISLATIONBye-laws are made by local authorities or other bodies and are binding on all persons who come within their scope. In the same way as Statutory Instruments there will be an 'enabling' Act of Parliament delegating the power to the local authority, etc. The major difference between a bye-law and all other forms of legislation is that it has limited territorial scope, i.e. is a local law

Bye laws

Rules of the supreme court and the county Courts

These are made by the Rules Committees set up under statute to specifically make rules concerning the practice and procedure of the courts

ADVANTAGES OF DELEGATED LEGISLATION1. It is quick to enforce and enact 2. It is quick to remove 3. It saves parliamentary time, in the sense that parliament will look at the main parts and the details of the law are left to the experts 4. Parliament has a limited scope and the real experts are outside parliament.

DISADVANTAGES OF DELEGATED LEGISLATIONUnconstitutionality of Delegation legislation It is said that through the process of delegated legislation Parliament is shirking its responsibility of making the law The sheer volume of delegated legislation makes it difficult to follow the development of the law The dangers of sub-delegation and there are instances where up to four generations of instruments emanating from the statute has been found

DISADVANTAGES..1. 2. 3. 4.

Regulations made under a statute Orders made under the regulations; Directions made under the orders; Licences issued under the directions

CONTROL OVER DELEGATED LEGISLATIONThe Department proposing to make a Statutory Instrument often takes steps to ensure that the various interests affected by the proposal are consulted. Some Acts of Parliament make this obligatory, e.g. the Council on Tribunals must be consulted before rules of procedure for administrative tribunals are made.

Parliament can withdraw the powers that have been delegated to the body concerned. Also Ministers are answerable to Parliament for the rules and regulations (made by way of statutory instruments) made by their departments. Where Parliament is not happy with an Instrument as it stands, the Minister will have to withdraw it and start again.

The Courts can challenge the validity of a Statutory Instrument. Challenges generally raise one of the following points: the content of the Instrument is outside of the scope of the enabling Act of Parliament, i.e. the body passing it acts outside of its powers (it is said to have acted ultra vires) the correct procedures were not followed in making the Statutory Instrument. the content of Instrument is incompatible with 'Convention rights' under the Human Rights Act 1998.

Consultion of interests

Parliamentary control

By the courts

THE EUROPEAN COMMUNITY AS A SOURCE OF LAW

The European Community was setup in 1957 by the Treaty of Rome: the immediate aim being to create a 'common market' so as to eliminate trading boundaries between each member state. The United Kingdom became a member state on 1 January 1973 when the European Communities Act 1972 was enacted. Section 2 of the Act provides that the UK will be bound by Community legislation relating to social, economic and industrial matters. As a consequence certain types of Community law are given direct legal effect within the UK's legal system, without the need for further enactment by Parliament. In addition the Treaty of Rome gives power to the Community to direct member states to alter their national laws.

THE IMPORTANCE OF THE EUROPEAN LAWWhen we come to matters with a European element the EEC Treaty is like an incoming tide it flows into the rivers and up the estuaries it cannot be held back Lord Denning MR (1899-1999) Gouriet v Union of Post Office Workers (1978)

TYPES OF EUROPEAN COMMUNITY LEGISLATIONRegulations When a regulation is made, it is a law directly applicable in all the member states. There is no need to pass any legislation at national level. This is known as 'self executing'. Directives Directives, as the title suggests, are not selfexecuting but are issued to certain member states requiring them within a certain period of time to alter their national laws. It is a way of bringing member states' laws into line. Decisions They may be made by the Council and Commission as a formal method of enunciating policies or initiating actions. They are binding on those to whom they are addressed

LEGAL ACTION BY THE EUROPEAN COURT OF JUSTICE

If the member state commits a breach of its community obligations under the EC Treaty it could be the subject of legal action in the European Court of Justice brought by: The European Commission. The ECJ will make a declaration that the state has failed to implement the directive. Any citizen who has suffered by the state's failure. The ECJ could order the state to pay damages to that person.

JUDICIAL PRECEDENTThe system, adopted by the judges, of following the decisions in previous cases is called the doctrine of judicial precedent. Some precedents are binding (meaning they must be followed in later cases). Others are merely persuasive (meaning that a judge in a later case may choose to follow it but he is not bound to do so). There are three factors to be considered in deciding whether a precedent is binding or persuasive: ratio decidendi and obiter dicta the hierarchy of the courts the material facts of the cases.

BINDING PRECEDENT

It is also based on the concept of Law Reporting. A court judgment will normally contain the following :

The name of the parties

The material facts of the case

The legal reasoning upon which the decision of the court is based

The decision of the court

WHERE IS THE RATIO DECIDENDI ?

The sentence or the remedy depending upon the type of case which is being tried

RATIO DECIDENDI AND OBITER DICTA

The ratio decidendi is the legal reason for the decision. It forms the binding precedent. It is a statement of law which is carried down to later decisions. It is the priniciple of law upon which the decision of the court is based

Obiter dicta are statements which are not part of the ratio. They are persuasive rather than binding. This means that the judge can take the statement into account when reaching his decision, but he is does not have to follow it. The hierarchy of the courts An example would be the definition of the concept of neighbour in the case of Donoghue v Stevenson

THE HIERARCHY OF THE COURTS

As a general rule, the precedents of higher courts bind lower courts, but not vice versa. Precedents of foreign courts (such as the ECtHR) are not binding, but they are persuasive. The Constitutional Reform Act 2005 provides for the establishment of a new, independent Supreme Court. This will be separate from the House of Lords, with its own independent appointments system, staff and budget. The objective of this change is to ensure independence of the judiciary from the government.

BINDING PRECEDENT.

TYPES OF PRECEDENTBinding precedent

A binding precedent is the part of a judgment that other judges have to follow. The ratio decidendi (reason for deciding) made by a judge high enough in the hierarchy will bind the future decisions of other judges.

Persuasive precedentThey include: a decision made in a lower court that is followed in a higher court; decisions of courts not within the English hierarchy. The Privy Council decision in the Australian case of Wagon Mound (1961) has become an important part of the law of negligence. In Re S (1992) the Family Division of the High Court was persuaded by US law when it authorised a caesarean section to be performed without the mothers consent the obiter dicta (other things said by the way) of another case. The statement of Lord Atkin on the Neighbour concept in the case of Donoghue v Stevenson a statement of law made by a dissenting judge

ADVANTAGESThe system creates certainty within the law. The judgements give detailed practical rules for other judges to follow. The outcome of a new case can be predicted from earlier decisions so that it avoids unnecessary litigation. Flexibility within the system allows the law to develop when necessary and it can be changed quicker than an Act of Parliament can be changed.

DISADVANTAGESThe rigidity of the system of precedent prevents the law being changed. Illogical distinctions may be made by judges in a case to avoid following a previous decision. It is unpredictable and dependent on chance that a case will reach a court high enough to be able to change the law. The ratio decidendi of a case may be difficult to find in the law report and may be misapplied in a future case. It is undemocratic to allow judges to make laws.

INTERPRETATION OF STATUTES

The process by which judges assign meanings to ambiguous words or phrases in statutes is called the interpretation of statutes. It is not the function of the courts to change or modify legislation. Parliament passes or authorises legislation and it is for the remainder of the legal system to apply the letter of the law as appropriate. It is a matter for the courts to interpret the meaning and breadth of the statute. When deciding how the wording of a statute should be interpreted the court must look principally at the actual wording of the statute but there are other aids to interpretation.

RULES OF INTERPRETATION1. The literal rule The words of a piece of legislation should be given their ordinary and grammatical meaning. Whiteley v Chappell 2. The golden rule This rule is used where there is an ambiguity (i.e. the word has more than one literal meaning). Under the golden rule the court will adopt the least absurd meaning. Re Sigworth 3. The mischief rule If the words of a piece of legislation are uncertain or ambiguous the court will adopt the meaning most likely to give effect to the intention of Parliament. This rule should only be applied if a literal interpretation does not produce a result. The Heydons case.

CASE STUDY

A problem had occurred where it was found that at many places where inflammable films were kept, there was no safety or fire fighting equipment on those premises. A legislation was passed to the effect that at whatever premises where films were kept there was an obligation to provide for such equipment. One person kept his films in a cave. When he was contravened for not providing fire fighting equipment he pleaded not guilty on the grounds that the definition of premises did not include cave. The matter is referred to you. Using the Mischief rule give a decision on this matter.

RULES OF INTERPRETATION..The eiusdem generis rule Eiusdem generis means 'of the same kind'. The rule says that, where legislation uses a list of specific words followed by general words, the general words must be interpreted to mean the same kind of thing as established by the specific words which precede them. The 'expressio unius est exclusio alterius' rule The converse of the eiusdem generis rule is the expressio unius est exclusio alterius rule (meaning 'specifying one thing implies exclusion of others'). This rule means that if legislation expresses a particular thing it implicitly excludes anything else. ( Re Immigration Appeals Adjudicator, Ex parte crew)

EXAMPLELions, tigers, leopards etc., Chicken, fowls, goose and others

parents meaning mother

INTERPRETATION OF STATUTES..The contextual rule ( the noscitur a sociis rule ) The contextual rule means that the meaning of a word must be arrived at by taking the word in its context, whether the context of the particular statute or in the context of a series of statutes on the topic.

AIDS TO INTERPRETION

Internal Aids

External Aids

The Short Title The long title The Preamble The interpretation section The headings The marginal notes The schedules

The ratio decidendi of previous cases The oxford dictionnary Law commission reports The Interpretation Act 1999 The Hansard The EC law Codes of practice

EXAMPLES OF INTERNAL AIDSSTATUTE LAW REVISION ACT 2002 - LONG TITLE An Act to make various amendments of the statute law of the Commonwealth, and for related purposes

PRESUMPTIONS IN THE INTERPRETATION OF STATUTES

There is a presumption that the law cannot be interpreted to bind the crown The law cannot be interpreted to make conflict with International law The law cannot be interpreted to make it binding on other countries The law cannot be interpreted to change the common law The law cannot be interpreted to make it have retrospective effect The law cannot be interpreted so that a person can benefit from his own wrong The law cannot be interpreted so as to curtail the freedom of movement of a person

LCA.... a class apart

THE HUMAN RIGHTS ACT 1998This Act came into force in England and Wales on the 2nd October 2000 The purpose of the Act is to incorporate the European Convention for the Protection of Human Rights and Fundamental Freedoms into UK domestic law

LCA.... a class apart

RIGHTS CREATED IN THE UNITED KINGDOMRight to life Everyone's right to life shall be protected by law. No one can be deprived of life except where the state imposes the death penalty as a sentence, e.g. for murder. Prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Prohibition of slavery and forced labour No one shall be held in slavery or servitude and no one shall be required to perform forced or compulsory labour. Right to liberty and security Everyone has the right to liberty and personal security. Generally no one can be deprived of his liberty.

LCA.... a class apart

RIGHTS CREATED IN THE UKExceptions to the right to liberty : The lawful detention of a person after conviction by a court. The lawful arrest or detention of a person for noncompliance with a lawful order of a court, e.g. nonpayment of a fine. The lawful detention of persons for the purpose of stopping the spread of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants, e.g. the detention of persons in psychiatric hospitals. The lawful arrest of illegal immigrants

LCA.... a class apart

RIGHTS IN THE UKRight to fair trial In any civil or criminal case, everyone is entitled to a fair and public hearing, within a reasonable time by an independent and impartial tribunal. Press and the public may be excluded: in the interests of morals, public order or national security in a democratic society if the interests of juveniles or the protection of private life of the individuals require it in special circumstances where publicity would prejudice the interests of justice.

LCA.... a class apart

RIGHTS CREATED IN THE UK

Right to respect for private and family life

Everyone has the right to respect for his or her family and private life, home and correspondence. The right to respect for 'private life' is the right to privacy, the right to live as far as one wishes, protected from publicity

Right to freedom of thought, conscience and religion

Everyone has the right to freedom of thought, conscience and religion. It includes the freedom to change one's religion and to manifest this religion or belief, in worship, teaching, practice and observance.

LCA.... a class apart

RIGHTS CREATED IN THE UK.

Freedom of expression

Everyone has the right to freedom of expression. This includes the right to hold opinions and to receive and give information and ideas without interference by public Authority Freedom of assembly and association Everyone has the right to meet and to form groups with others, e.g. the right to form and join trade unions. However this right may be restricted in the interests of national security or public safety and for the protection of disorder or crime.

LCA.... a class apart

RIGHTS CREATED IN THE UKRight to marry Men and women of marriageable age have the right to marry and found a family. Prohibition of discrimination. The enjoyment of these rights must be obtained without any discrimination on the grounds of sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Protection of property Every natural or legal person is entitled to the peaceful enjoyment of his or her possessions. However the state can control the use of property if it is in the interests of the public or to secure payment of taxes and other contributions.

LCA.... a class apart

RIGHTS CREATED IN THE UKRight to education Every person has the right to an education. The state must respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions. Right to free elections State must hold free elections at reasonable intervals, by secret ballot.

INCORPORATION OF THE CONVENTION RIGHTS INTO THE ENGLISH LEGAL SYSTEM By the judicial system By public authorities By Parliamentlegislation New legislation Existing

LCA.... a class apart