How the UK Legal System Works? [Issue ST-001]

The UK legal system is one of the most comprehensive and sophisticated judicial system in the world. All with one aim; to produce a fair assessment of cases in view of the law

Jun 03, 2024

Introduction

The UK has long been a pioneer in the evolution of Western justice systems. It is one of only a handful of countries without a written constitution, alongside Israel and New Zealand. This is a direct consequence of how our institutions developed over time. We specifically go through how the legal system is made up, focusing on the current structure, rather than its historical development.

Structure of the UK Legal System

There are three jurisdictions in the UK; England and Wales, Scotland and Northern Ireland. Each jurisdiction has its own law, court system and judges. This article focuses on England and Wales.

To begin with lets look at the different courts within the UK. Courts are a vital pillar in civilisation as they handle disputes, ensuring that the law is applied fairly.

The picture below demonstrates the structure of the UK courts:

Let’s break it down.

At the top, we have the Supreme Court which hears the most important civil and criminal cases that effect the UK. They ensure that the law has been applied accurately across the country. Cases reach the Supreme Court through a rigorous appeals process.

Here are two high profile cases you might remember:

Lee v Ashers Baking Company Ltd (2018)1
In this case, Asher (a company that bakes customised cakes) were brought to the Courts by Mr Lee. Ashers is owned by a Christian couple who could not in good conscience write the message ‘Support Gay Marriage’ on a cake that had been ordered by Mr Lee. The lower courts found Asher’s Baking Company Ltd guilty of discrimination. This decision was appealed by Ashers’ and brought to the Supreme Court, who checked whether the law had been applied correctly. It hadn’t. It found, their refusal was based on their religious beliefs rather than discrimination.
PJS v News Group Newspapers Ltd (2016):2
Within this case, PJS, an entertainment celebrity, was seeking to squash a publication about an affair on the basis that individuals have a right to a private life. The lower courts ruled in favour of the newspaper on the basis that it would spark a public debate around marital commitment. The Supreme Court, however ruled in favour of PJS and judged that even public figures have a right to private life.

How do cases even get started in the legal system?

Civil Cases

Well let’s say you have a dispute with your landlord. First, you may want to sort it out informally by talking to him/her to see if you can come to an agreement. If that doesn’t work, then you might consider legal action. For most landlord disputes this will start at the County Court. You would file a claim explaining the issue and what you want the court to do about it. Your landlord will have a chance to respond and the Court will decide on the next step.

Depending on the complexity of the issue, it might be dealt with through mediation, a third party that will help you and the landlord work things out. If that doesn’t work, however, it will go to the judge who will hear both sides and make a decision.

If you do not agree with that decision, you will appeal to the High Court and so forth. However, most landlord cases do not end up in the High Court, they get settled within the County Court.

Criminal Cases

If you are arrested, the first court you will encounter will be the Magistrates Court. This is only for minor criminal cases like drink driving or shoplifting. Anything serious (murder, rape, armed robbery etc) goes directly to the Crown Court.

It’s worth noting that the Magistrates are run by volunteer personal who have been trained by the Courts on fairness and may not have a legal background. This is why, only small cases go to the Magistrates Court.

As you can see, there is a system of rules in place to ensure that the law is being fairly applied. There are many actors within this system, ensuring that the law is carried out. In each stage, these actors (judges, solicitors, magistrates volunteers, jury) are called to act with integrity and apply the law to the case they hear/decide on.

Crucially, the integrity and the fairness of the legal system depend heavily upon the independence of judges.

How Judges are Independent of External Pressures

If a judge was to be bribed by a ‘criminal’ or one of the parties to gain favour, this would not be acting with integrity and will compromise the justice system, there will no longer be trust in the outcome of judges and therefore no trust in the justice system.

So, it is important that judges (who make the final decision) are free from external pressures. This is not just freedom from the bribery of a criminal but also freedom from organisational or government pressures. In fact, there are safeguards in place to reduce pressure from judges. I will highlight three points to consider:

Firstly, judges are appointed for life or until a retirement age. They can only be removed for serious misconduct. This protects them from being dismissed for making unpopular decisions.
Secondly, their salaries are guaranteed by an independent body and are not subject to political control. The financial pressure is removed and no government can financially influence a judge to be in favour of certain decisions.
Thirdly, any attempts made to interfere with the administration of justice such as threats or bribery will be treated as criminal offenses.

In practise, these safeguards are put together to ensure that judges are shielded from political pressure and can make decisions without any fear or reprisal, instead they can make decisions based on the consideration of the facts reviewed against the law.

So, the only logical next question then is:

Where does the Law come from?

Common Law

In the UK's legal system, judges often look to past decisions in similar cases for guidance, a practice known as Common law. This doesn't mean they blindly follow every previous ruling, but they do consider established principles and apply them where relevant. This ensures consistency and fairness in the legal process.

In the case of Donoghue v Stevenson (1932), common law was applied. Donoghue found a snail at the bottom of her ginger beer sold by the manufacturer Stevenson. She became ill. She argued that Stevenson had a duty of care to consumers. There was no law at the time to address this specific situation. The Supreme Court recognised that there is a general principle that can be applied, that individuals must take reasonable care to avoid harming others. This is Common Law at work.

Statute Law

This is not the only place that law is derived from, law could also come from Parliament, known as Statute Law. These trump any common law if there is conflict.

The process of passing Statute Law is quite a comprehensive one. A bill3, a proposal for a new law, is introduced to either the House of Commons or House of Lords by the Government or by private members (such as Lords - although this is less likely to become law). Once the bill is introduced, the MPs debate whether this should proceed, it is then debated and once its passed (published), the public and other MPs are able to scrutinise it. It then goes through another round of debates before MPs decide on whether it should be passed on to law or not.

Examples of Statute Laws:

The Road Traffic Act 1988
The Human Rights Act 1998
The Theft Act 1968

There are of course other sources, some are not even law but are customary unwritten or unspoken rules of dealing with your fellow Brit.

Conclusion

You might ask, are the laws being passed any good for wider society? That is the question. In the past couple of years there have been arguments made by people who claim that their rights are slowly being eroded as more laws are being passed that limit freedom. These laws are disguised as ‘empowering’ and ‘kind’ to certain demographics that are not well represented. Perhaps, there is truth within those claims.

For the purposes of this article, the UK legal structure is some of the finest and pioneering work that the world has seen. The UK legal system has had a profound influence in other parts of the world, and its no wonder since its a comprehensive judicial process, with the objective of a fair and just administration of the law.

Word of the Day

Prefer Puzzles?

Four people come to a river at night. There is a narrow bridge, but it can only hold two people at a time. They have one torch, and because it's night, the torch has to be used when crossing the bridge. Person A can cross the bridge in 1 minute, B in 2 minutes, C in 5 minutes, and D in 8 minutes.

When two people cross the bridge together, they must move at the slower person's pace. The goal is to get all four people across the bridge in the shortest time possible.

How can they do it?

Puzzle Answer of Issue - E01

Puzzle: Chicken, Fox and Farmer

Answer:

Take the chicken across: The farmer first takes the chicken across the river, leaving the fox and corn safely behind.
Return alone: The farmer rows back across the river alone.
Take the fox across: The farmer takes the fox across the river, but this is where it gets tricky. If he leaves the fox and chicken together on the other side, the fox will eat the chicken.
Bring the chicken back: So, the farmer brings the chicken back to the original side, leaving the fox alone on the far side of the river.
Take the corn across: The farmer leaves the chicken and takes the corn across the river to join the fox.
Return alone: The farmer rows back across the river alone.
Take the chicken across: Finally, the farmer takes the chicken across the river to join the fox and corn.