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Chapter

Cover Learning Legal Rules

5. The Doctrine of Judicial Precedent  

This chapter examines the use of case law to solve legal problems. In the study and practice of law we seek to analyse legal principles; and the ‘principles’ in English law are derived from pure case law or from case law dealing with statutes. The discussions cover the idea of binding precedent (stare decisis); establishing the principle in a case; the mechanics of stare decisis; whether there are any other exceptions to the application of stare decisis to the Court of Appeal that have emerged since 1944; whether every case has to be heard by the Court of Appeal before it can proceed to the Supreme Court; precedent in the higher courts; other courts; and the impact of human rights legislation.

Chapter

Cover Introduction to the English Legal System

8. The civil and commercial justice systems  

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may result from the Transformation programme and the civil and commercial justice systems’ response to the COVID-19 pandemic. It also considers routes of appeal and the work of the appeal courts.

Book

Cover The English Legal System

Alisdair Gillespie and Siobhan Weare

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and legal aid. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

Book

Cover The English Legal System

Alisdair Gillespie and Siobhan Weare

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and legal aid. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.